SOL_W911N2-16-R-0003.pdf

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Bottled Water Federal contract opportunity
Solicitation number
W911N2-16-R-0003
Issued by
Department of the Army Materiel Command Contracting Command Redstone Arsenal

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SEE ADDENDUM

(No Collect Calls)

W911N2-16-R-0003 04-Jan-2016

b. TELEPHONE NUMBER

717-267-8929

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 15 Jan 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911N29. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JENNIFER L. ELLIOTT

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

LETTERKENNY ARMY DEPOT

LETTERKENNY CONTRACTING OFFICE - ACC

1 OVERCASH AVENUE, ATTN: CCAM-ALK, BLDG 2S

CHAMBERSBURG PA 17201-4150

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W800AF 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DIRECTORATE OF PUBLIC WORKS

SHEILA R EZZELL

LETTERKENNY ARMY DEPOT

DPW AMLD-ELX

ONE OVERCASH AVE BLDG 370 ASRS DOOR 18

CHAMBERSBURG PA 17201-4150

TEL: 717.267.8187 FAX:

717-2679834FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

312112

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF51

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911N2-16-R-0003

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 260 Each Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of Purified water to the specified locations, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

FOB: Destination

PURCHASE REQUEST NUMBER: A3W00050217202-0001

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 1,928 Each LEMC -Provide 5 Gallon Bottled purified Water

FFP

Provide 5 gallon bottles of Purified water to BUILDING 3315, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

PURCHASE REQUEST NUMBER: A3W00050217202

UNIT UNIT PRICE MAX AMOUNT

0003 220 Each Emergency-Provide 5 Gallon Bottled purified Water

FFP

Provide 5 gallon bottles of purified water on emergency basis, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

0004 50 Each Dispensers

FFP

Provide new water cooler to specified location IAW the PWS to include Emergency Dispensers, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

0005 40 Case Distilled water

FFP

Provide 1 case (6 - 1 gallon containers) of distilled water to specified location IAW the PWS, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

1001 260 Each OPTION OY1 - Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of purified water to the specified locations, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

1002 1,928 Each OPTION OY1 - LEMC -Provide 5 Gallon Bottled purified Water

FFP

Provide 5 gallon bottles of purified water to BUILDING 3315, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

1003 220 Each OPTION OY1 - Emergency-Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of purified water on emergency basis, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

1004 50 Each OPTION OY1 - Dispensers

FFP

Provide new water cooler to specified location IAW the PWS to include Emergency Dispensers, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

1005 40 Case OPTION OY1 - Distilled water

FFP

Provide 1 case (6 - 1 gallon containers) of distilled water to specified location IAW the PWS, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

2001 260 Each OPTION OY2 - Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of purified water to the specified locations, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

2002 1,928 Each OPTION OY2 - LEMC -Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of purified water to BUILDING 3315, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

2003 220 Each OPTION OY2 - Emergency-Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of Purified water on emergency basis, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

2004 50 Each OPTION OY2 - Dispensers

FFP

Provide new water cooler to specified location IAW the PWS to include Emergency Dispensers, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

2005 40 Case OPTION OY2 - Distilled water

FFP

Provide 1 case (6 - 1 gallon containers) of distilled water to specified location IAW the PWS, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

3001 260 Each OPTION OY3 - Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of purified water to the specified locations, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

3002 1,928 Each OPTION OY3 - LEMC -Provide 5 Gallon Bottled purified Water

FFP

Provide 5 gallon bottles of purified water to BUILDING 3315, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

3003 220 Each OPTION OY3 - Emergency-Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of purified water on emergency basis, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

3004 50 Each OPTION OY3 - Dispensers

FFP

Provide new water cooler to specified location IAW the PWS to include Emergency Dispensers, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

3005 40 Case OPTION OY3 - Distilled water

FFP

Provide 1 case (6 - 1 gallon containers) of distilled water to specified location IAW the PWS, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

4001 260 Each OPTION OY4 - Provide 5 Gallon Bottled purified Water

FFP

Provide 5 gallon bottles of purified water to the specified locations, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

4002 1,928 Each OPTION OY4 - LEMC -Provide 5 Gallon Bottled Purified Water

FFP

Provide 5 gallon bottles of purified water to BUILDING 3315, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

4003 220 Each OPTION OY4 - Emergency-Provide 5 Gallon Bottled purified Water

FFP

Provide 5 gallon bottles of purified water on emergency basis, only replacing empty bottles, not to exceed the stated maximum quantities, IAW the PWS.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

4004 50 Each OPTION OY4 - Dispensers

FFP

Provide new water cooler to specified location IAW the PWS to include Emergency Dispensers, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

UNIT UNIT PRICE MAX AMOUNT

4005 40 Case OPTION OY4 - Distilled water

FFP

Provide 1 case (6 - 1 gallon containers) of distilled water to specified location IAW the PWS, not to exceed the stated maximum quantities.

SIO: 38242

EXT: 00126Q

NOTES

1. System for Award Management (SAM): In accordance with FAR 4.1102, Offerors must be registered in the SAM database in order to be eligible for contract award. No award will be made to an Offeror not registered. Registration can be accomplished at https://www.sam.gov/portal/public/SAM/. Registration in this database must be kept current.

2. Annual Representations and Certifications: In accordance with FAR 4.1201, Offerors shall complete electronic annual representations and certifications within SAM as part of required registration. Registration in this database must be kept current and can be accessed at https://www.sam.gov/portal/public/SAM/.

3. Questions: Questions regarding this solicitation shall be submitted to the Contracting Officer, in writing, at least 3 calendar days prior to the closing date. Questions submitted after this time will be answered at the discretion of the Contracting Officer. The Contracting Specialist for this requirement is Jennifer Elliott, 717-267-8929, email jennifer.l.elliott10.civ@mail.mil.

4. Award without Discussions: The Government intends to award without discussions; therefore Offerors should submit their best prices in their initial offer. IAW FAR Provision 52.212-2, Evaluation-Commercial Items, is included, Offerors must submit all information requested therein in order for the Government to determine technical acceptability. Contractors must submit: Technical and Past Performance information requested in FAR 52.212-2.

5. Amendments: The Offeror shall submit to the Contracting Officer signed copies of all amendments issued to this solicitation. Failure to comply may cause your proposal to be rejected.

6. Payment: Payment for this action will be made by Electronic Funds Transfer (EFT) through the Defense Finance and Accounting Services (DFAS) utilizing Wide Area Work Flow (WAWF). See 252.232-7006 for more information.

7. Guaranteed Minimum: The guaranteed minimum amount of the contract is $3,500.00.

8. Period for Acceptance of Offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days after solicitation closing date.

9. Type of Contract: The type of contract resulting from this solicitation is specified in FAR Provision 52.216-1, Type of Contract. For Indefinite Delivery/Indefinite Quantity (IDIQ) or Requirements contracts all quantities are estimated and individual task orders shall be issued citing specific quantities and delivery dates. Payment will be made on actual quantities serviced.

10. Proposals: Proposals shall be signed by an authorized individual in accordance with FAR 4.102, Contractor’s Signature. Failure to comply may cause your proposal to be rejected. Offerors should mark each page of their proposal as "Proprietary Information" if they want it treated as Proprietary Information under the Procurement

Integrity Act.

11. Contractor Compliance. The contractor shall not comply with any order, directive or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this solicitation. Doing so places the contractor at risk of nonpayment.

12. Submit proposals. Proposals may be submitted via email to the Contract Specialist:

jennifer.l.elliott10.civ@mail.mil, via fax: 717-267-9834 Attn: Jennifer Elliott, or mailed to the address in Block 9 on the front of the SF1449 Attn: Jennifer Elliott.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

Purified Bottled Water

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform provide purified bottled water, distilled water and water dispensers upon request to work sites at Letterkenny Army Depot (LEAD) as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract.

1.2 Background: Some buildings on Depot do not have potable water therefor LEAD must supply bottled water.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months and four 12-month option years. The Period of Performance shall be indicated on the award.

1.4 General Information:

1.4.3 Recognized Holidays: The following are recognized US holidays and the date for each can be found at the following website: http://www.opm.gov/Operating_Status_Schedules/fedhol/Index.asp . The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday: Third Monday in January

1.4.3.3 President’s Day: Third Monday in February

1.4.3.4 Memorial Day: Last Monday in May

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day: First Monday in September

1.4.3.7 Columbus Day: Second Monday in October

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day: Fourth Thursday in November

1.4.3.10 Christmas Day: December 25th

1.4.3.11 When an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday.

1.4.4 Place and Performance of Services: The contractor shall provide services between the hours of 0600 – 1430 (6:00am – 2:30pm) on Monday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at LEAD buildings 403 and 3297 also LEMC building 3315. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.4.1. Scheduling: The Contractor shall be responsible for the development of a delivery schedule. At the minimum all buildings shall be delivered to on a biweekly schedule to ensure no building goes without water. The schedule shall be submitted to the Contracting Officer (KO) for quality and quantity assurance purposes at the beginning of the contract period of performance. If changes to the schedule are needed the KO must be notified at least a day in advance of the schedule change and a new schedule shall be submitted before the change occurs.

1.4.5 Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Risk Management or Security Office. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.5.2 iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program.

This local developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the KO. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance.

The contractor shall report completion for each affected contractor employee and subcontractor employee, to the KO within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.6 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer shall apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall provide a CM, upon award to the KO, who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.10 Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contractor personnel shall be required to obtain and wear badges and wear specific company attire to identify them as contractor employees in the performance of this contract.

1.4.13 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5.

The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI.

The contractor’s mitigation plan shall be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.14 Phase In / Phase Out Periods: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the contractor shall have personnel on board, during the 14 day phase in/ phase out periods. During the phase in period, the contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

2.0 Definitions and Acronyms:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.4 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation

KO Contracting Officer OCI Organizational Conflict of Interest ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QAP Quality Assurance Program QCP Quality Control Program TE Technical Exhibit

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government shall provide the facilities, equipment, materials, and/or services listed below:

3.1 Facilities: The Government shall not furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment.

3.2 Equipment: None

3.3 Materials: None

3.4 Services: None

3.5 Utilities: All utilities in the facility shall not be available for the contactor’s use in the performance of this contract.

4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.1.1 Property: The Contractor shall provide all equipment, tools, and supplies necessary to perform the required services and properly dispose of any residue generated as a result of the work performed.

4.1.3 All equipment used by the Contractor in the performance of the work shall be operated to conform to the vehicle code of the Commonwealth of Pennsylvania, http://www.dmv.state.pa.us/vehicle_code/index.shtml. No equipment may be parked within fifty (50) feet of a building in the Ammunition Area.

5.0 Requirements: The contractor shall:

5.1. The Contractor shall furnish all personnel, equipment, and supplies, except as specified herein as Government furnished, to provide purified bottled water, distilled water and dispensers as detailed below.

5.2. Purified Bottled Water: Provide five (5) gallon bottles of purified water to the following drop point locations, only replacing empty bottles with full, quantities specified below are estimates for any given month. Contractor shall rotate bottles when delivering to ensure the stock is properly rotated at each location.

5.2.1. Bottles on dispensers: The Contractor is not responsible for replacing bottles on any coolers or distributing through the buildings specified. Exact locations in buildings specified shall be identified at post award meeting.

5.2.2. Drop Points: The drop point locations are subject to change. The contractor shall be notified by the KO for changes in the delivery points or quantities.

Building Area / drop point Estimate of Bottles per

Month

403 Radar Test Site / 403 10

2383 LEMC / 3315 6

2702 LEMC / 3315 48

2755 LEMC / 3315 15

3297 Test Track / 3297 10

3315 LEMC / 3315 26

3321 LEMC / 3315 4

3387 LEMC / 3315 2

3750 LEMC / 3315 1

3812 LEMC / 3315 3

4755 LEMC / 3315 10

5300 LEMC / 3315 16

5426 LEMC / 3315 3

5647 LEMC / 3315 5

3810S LEMC / 3315 20

Estimated Total 179

5.2.3. Delivery: The amount of bottles delivered shall be the same quantity as the number of empty bottles returned, not to exceed the quantity listed, unless directed otherwise by the KO.

5.2.3.1. LEMC Delivery: All water that shall be delivered to the LEMC area shall be dropped off at Building 3315.

5.2.4. Delivery Tickets: Delivery tickets or a delivery worksheet shall be provided to the point of contact (POC) in Building 10, by 1430 (2:30pm) on day of delivery. An alternate ticket POC shall be given at post award meeting in the event the POC is on leave.

5.2.4.1. Ticket or Worksheet Format: Delivery tickets or a delivery worksheet shall include but not limited the following information: date, building number, quantity of bottles delivered, quantity of bottles returned, and quantity of cooler delivered, quantity of coolers returned, comments, along with the signature of building POC. Authorized POC for each building will be provided at award.

5.2.5 Labeling Requirements: Labeling requirements shall follow the Pennsylvania Code Section 109.1007 Labeling requirements for bottled water systems, vended water systems and retail water facilities, see http://www.pacode.com/secure/data/025/chapter109/s109.1007.html.

5.3.Water Dispensers: Provide new cold water dispensers to locations as needed in the quantities specified by KO.

5.4. Emergency Water: Provide bottled water on an emergency basis, up to two hundred (200) five (5) gallon bottles within twenty-four (24) hours of notification.

5.4.1: Emergency water bottles shall be delivered to a location(s) specified by the KO.

5.5. Emergency Dispensers: Provide water dispensers on an emergency basis, up to fifty (50) five (5) gallon bottle dispensers within twenty-four (24) hours of notification.

5.5.1: Emergency water bottle dispensers shall be delivered to a location(s) specified by the KO.

5.6. Distilled Water: Provide distilled water to Building 4-S and 360, Industrial Wastewater Treatment Plant (IWTP) as needed in quantities specified by KO.

5.6.1. Packaged Distilled: Distilled water shall come in quantities of one (1) case which consists of six (6), one (1) gallon containers.

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

6.1. Documents applicable to this Performance Work Statement are listed below. These documents are mandatory and the Contractor is obligated to follow them. Supplements and amendments to mandatory publications shall be considered to be in the full force and the responsibility of the Contractor. It is the Contractor’s responsibility to ensure that all mandatory publications are posted and up-to-date. It is the Contractor’s responsibility to ensure that all mandatory publications are addressed to all employees working on depot.

6.2. Army Regulation and Pamphlets: All Army Regulations apply to any work performed on Depot and can be found at the following website http://www.whs.mil/library/mildoc.htm. AR 385-10 Army Safety Program, AR 385- 55 Prevention of Motor Vehicle Accidents, AR 604-10 Personnel Security Program.

6.3. Other Manuals: All LEAD Regulations, Pamphlets, and Memorandums apply to any work performed on Depot.

6.3.1. OSHA Part 1910- Occupational Safety and Health Standards can be found at http://www.osha.gov/index.html under Regulations / Standards.

6.3.2. Lead Pamphlet 385-4 Requirements for Security, Safety and Fire Prevention for Contractor’s Performing Work on LEAD, see Attachment 1.

6.3.3. LEAD Regulation 385-1 LEAD Safety and Occupational Health Program, Chg4, see Attachment 2.

6.4. Other Rules and Regulations: The Contractor shall comply with all applicable federal, state and local laws, executive orders, rules and regulations applicable to its performance under this contract.

6.4.1. Permits: The Contractor is responsible for identifying, obtaining and renewing all permits from federal, state, local, or installation agencies to carry out the requirements specified in this contract or detailed on an individual task order.

6.4.2. Labeling: Labeling of bottles shall be enforced by random inspections of the requirements stated within Pennsylvania State laws see Attachment 3. http://www.pacode.com/secure/data/025/chapter109/s109.1007.html

Publication (Chapter / Page) Date of

Publication Mandatory or Advisory

Website

Army Regulations various Mandatory http://www.whs.mil/library/mildoc.ht m

AR 385-10 Army Safety Program

20 May 1991 Mandatory http://armypubs.army.mil/epubs/pdf/

R385_10.PDF

AR 385-55 Prevention of Motor Vehicle Accidents

12 March 1987 Mandatory http://www.calguard.ca.gov/gs/Docu ments/AR385-55.pdf

AR385-55 Prevention of Motor Vehicle Accidents

12 March 1987 Mandatory www.calguard.ca.gov/gs/Documents/ AR385-55.pdf

AR200-1 Environmental Protection and Enhancement

13 December

Mandatory http://www.rubiconplanning.com/ar- 200-1.html

AR385-40 Accident Reporting and Records

6 March 2009 Mandatory www.army.mil/usapa/epubs/pdf/p385 _40.pdf

LEAD Regulations, Pamphlets, and Memorandums various Mandatory none

Lead Pamphlet 385-4 Requirements for Security, Safety and Fire Prevention for Contractor’s Performing Work

15 March 2011

Mandatory none

Publication (Chapter / Page) Date of Publication

Mandatory or Advisory

Website on LEAD LEAD Regulation 385-1 LEAD Safety and Occupational Health Program, Chg 4, 1 April 2011

Mandatory none

OSHA Part 1910- Occupational Safety and Health Standards

Various Mandatory http://www.osha.gov/index.html

All applicable federal, state and local laws, executive orders, rules and regulations various Mandatory

FAR Subpart 9.5 March 2005 Mandatory https://www.acquisition.gov/far/curre nt/pdf/FAR.pdf vehicle code of the Commonwealth of Pennsylvania, Various Mandatory http://www.dmv.state.pa.us/vehicle_c ode/index.shtml

Standards of Conduct 14 Dec 2011 Mandatory https://www.federalregister.gov/articl es/2011/11/14/2011- 29090/standards-of-conduct

Pennsylvania Air Pollution Control Act (PA Code, Title 35, Chapter 23- Air Pollution)

Mandatory http://www.actionpa.org/ordinances/3 5ps4012.html

ED 12088 Federal Compliance with Pollution Control Standards

13 October 1978 Mandatory http://www.ihs.gov/nonmedicalprogr ams/dfo/com_work/env_docs/EO_12 088_Federal_Compliance_with_Poll ution_Control_Standards.pdf

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency Number of Copies

Medium/Format Submit To

1.4.4.1 – Schedule At the beginning of each PoP and when a change occurs

1 Electronic Submission

KO

1.4.5.2 – iWatch Training

15 calendar days after completion of training

1 Electronic Submission

KO

1.4.9 – Contract manager

At time of award 1 Electronic Submission

KO

5.2.4 – Delivery Tickets/Worksheet

On delivery day 1 Electronic Submission

POC

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-FEB-2016 TO

31-JAN-2017

N/A DIRECTORATE OF PUBLIC WORKS

SHEILA R EZZELL

LETTERKENNY ARMY DEPOT

DPW AMLD-ELX

ONE OVERCASH AVE BLDG 370 ASRS

DOOR 18

CHAMBERSBURG PA 17201-4150

717.267.8187

W800AF

0002 POP 01-FEB-2016 TO

31-JAN-2017

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-FEB-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-FEB-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-FEB-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-FEB-2017 TO

31-JAN-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-FEB-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-FEB-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-FEB-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-FEB-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-FEB-2018 TO

31-JAN-2019

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-FEB-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-FEB-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-FEB-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-FEB-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-FEB-2019 TO

31-JAN-2020

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-FEB-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-FEB-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-FEB-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-FEB-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-FEB-2020 TO

31-JAN-2021

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-FEB-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.247-34 F.O.B. Destination NOV 1991

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

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

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

SEP 2015

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

SEP 2014

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

CLAUSES INCORPORATED BY FULL TEXT

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

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

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-2, BASIS OF AWARD:

A. General Information:

1. The basis of award will be the Lowest Priced, Technically Acceptable offer. Proposals that are unrealistic in terms of Technical Requirements or Price may be rejected at any time during the evaluation process.

Offerors must receive a rating of Technically Acceptable in all factors/subfactors in order for their overall proposal to be determined Technically Acceptable.

2. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements.

3. The Government intends to make award without discussions, unless the Contracting Officer determines that discussions are necessary. Offerors should provide their most favorable prices in their initial offers.

B. Non-Price Evaluation Factors and Subfactors:

1. Factor 1- Technical: The vendor must be listed on the approved source list located in the Worldwide Directory of Sanitarily Approved Food Establishments for Armed Forces Procurement in order to be eligible to compete for this award.

2. Factor 2 - Past Performance: The Offerors shall provide a minimul of three recent and relevant Government or private sector projects completed within the past five years that demonstrates the ability to perform the requirements in this solicitation. The Offeror shall identify the contract title, contract number, dollar value, client name and address, location of work, point of contact with telephone number. The Offerors must provide documentation of a minimum of five years experience with delivering bottled water.

C. Price Evaluation Factors: Offerors shall complete the Schedule B with pricing for each Contract Line Item Number (CLIN), including for all Option Years. The Government will evaluate the base and all option year prices.

D. Proposals will be evaluated initially independently of the price to determine the Offerors’ ability to meet the Government’s requirement set forth in the solicitation. The Government may make a final rating determination based on the proposal as submitted without requesting any further information. For all proposals determined to be Technically Acceptable, the offer providing the lowest price will receive the contract award.

1. Offerors’ technical proposals will receive an overall rating based on the following:

(a) Technically Acceptable: Offeror meets all requirements or technical specifications or has submitted all documentation requested in any technical evaluation criteria and all documentation meets the standard set forth in the solicitation.

(b) Technically Unacceptable: Offerer fails to meet all requirements or technical specifications or has failed to comply in submitting requested documentation in any technical evaluation criteria or the submitted documentation fails to meet the standard set forth in the solicitation.

2. Evaluation of past performance will be performed only on proposals that receive a technically acceptable rating on technical evaluation factors. Offerors’ past performance information will receive an overall rating based on the following:

(a) Acceptable: Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown. An Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, shall be determined to have unknown past performance. In the context of acceptability or unacceptability, “unknown” shall be considered “acceptable.”

(b) Unacceptable: Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (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 (p) 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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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