W912BU-24-Q-0006.pdf

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W912BU24R
Solicitation number
W912BU24R
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This document is a Request for Quotations (RFQ) issued by the Philadelphia District, United States Army Corps of Engineers (USACE) for the removal and disposal of various objects from within the Delaware River channels of the Philadelphia to Trenton and Philadelphia to Sea Deep Draft Navigation Projects.

The scope of work includes the offeror supplying all required floating mechanical plant, operating personnel, and necessary equipment to locate, remove, and dispose of large objects such as boulders, trees, concrete channel markers, and other debris that pose a hazard to navigation. The contract awardee will be responsible for submitting an overall safety plan, equipment-specific lift plan, and work plan for USACE approval. Offerors must provide a detailed price proposal broken down by daily costs, and assume a minimum of two items will be removed per day. This is a small business set-aside, and quotes must be submitted by 26 September 2024 at 3:00 PM EST to the Contract Specialist.

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REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912BU24Q0006 22-Sep-2024 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

SEE SCHEDULE

IMPO RTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. % NO TE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and

ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) ( Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

US ARMY ENGINEER DISTRICT, PHILADELPHIA

POC: FREDERICK CONWAY, 1650 ARCH STREET 4TH F

PHILADELPHIA PA 19103-004

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

26-Sep-2024(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

215.656.6833FREDERICK CONWAY, JR

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912BU24Q0006

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Mechanical Plant w/ Operating Personnel

FFP

Mechanical Plant with Operating Personnel including mob/demob FOB: Destination

PSC CD: 3825

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 8 Obstruction Disposal

FFP

PSC CD: 3825

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work for Emergency Object Removal

Title: Removal and disposal of objects from within the Delaware River channel of the Philadelphia to Sea/Trenton Deep Draft Navigation Project

The Scope of work includes, but is not limited to:

The Philadelphia District, United States Army Corps of Engineers (USACE) is requesting proposals for the removal and disposal of various objects from within the Delaware River channels of the Philadelphia to Trenton and Philadelphia to Sea Deep Draft Navigation Projects.

These objects are as deep as or shallower than the authorized depths of the respective projects and hence pose a potential hazard to navigation. The exact dimensions and material composition of each specific object are not known, but the enclosed Table 1 provides the best estimates and descriptions available at this time. Chartlets displaying the location of each item are enclosed as well. Objects can shift and exact locations will be verified by USACE survey crews just prior to removal.

These items are located approximately between Bordentown, New Jersey and Delaware City, Delaware within the main Delaware River navigation channels. Previous similar removal actions have encountered boulders, large trees, large concrete channel marker/buoy blocks and other miscellaneous debris and have been successfully lifted and removed by grapple style buckets.

The offeror shall supply all required floating mechanical plant, operating personal and necessary miscellaneous equipment to locate, remove, and dispose of large objects previously found on USACE multibeam hydrographic surveys. No divers or any persons in the water shall be used in the execution of work.

The contract awardee will be responsible for submitting an overall safety plan in accordance with EM 385-1-1, an equipment-specific lift plan, and a comprehensive work plan for USACE approval as part of their quoting process. The offeror will also be responsible for all applicable submittals per EM 385-1-1 for the work being performed. Preliminary submittals, including a Naval Architect Analysis (NAA), should be submitted prior to award, and site-specific submittals may be required per task order. A sample submittal registry will be included in the solicitation package.

As part of its proposal, the contractor must include a detailed Naval Architect survey of any cranes and barges intended for use. This survey must verify the structural integrity, stability, and suitability of the equipment for the specified tasks, ensuring all safety and operational standards are met.

The contractor shall retrieve, store, transport, and dispose of all objects off-site in accordance with all applicable Federal, state, and local laws and regulations. Given that several items are likely to be trees, prospective offerors must demonstrate the capability to safely cut and process trees on board the crane barge or other vessels to consolidate materials for safe transport.

The workday shall include local travel between the dock, objects, and return to the dock. The standard workday is defined as 7 am to 4 pm, Monday through Friday, excluding Federal Holidays. Work shall be priced for this standard schedule, with a separate price provided for night work, weekends, and holidays. Contractors must be prepared to mobilize on-site within 7 days of the Notice to Proceed (NTP).

The contract awardee must adhere to all safety protocols outlined in the USACE Safety Manual EM 385-1-1. This includes, but is not limited to, regular safety meetings, use of personal protective equipment (PPE), and comprehensive risk assessments for all operations. The safety plan must detail emergency procedures, communication plans, and hazard mitigation strategies specific to the project site and activities.

As several of the items are most likely trees, it is recommended that prospective quoters have the capability to safely cut up trees on board the crane barge or other vessel to consolidate materials for safe transport. Prospective quoters shall submit a break down to cover all costs associated with the recovery and disposal of the items on a daily basis. For estimating purposes, quoters should assume the acquisition, recovery and disposal of a minimum of two items per day. Each workday shall include local travel between the dock, objects and return to dock. The workday shall be considered between 7am and 4 pm each day. Work shall be conducted Monday through Friday, excluding Federal Holidays. Costs for all items on the attached bid schedule must included in the contractor’s proposal.

Offerors must provide a Price Proposal for the removal and disposal of various objects within the Delaware river. Quotes must be on Company Letterhead. Quotes must be submitted to the Contract Specialist by email to Frederick.conway@usace.army.mil no later than 26 September 2024 at 3:00 pm eastern time. Questions can be directed to the Contract Specialist at Frederick.conway@usace.army.mil or by phone at 215-656-6833

This is a small business set-aside.

mailto:Frederick.conway@usace.army.mil

Section E - Inspection and Acceptance

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30 dys. ANP 5 N/A

0002 30 dys. ANP 8 N/A

Section H - Special Contract Requirements

WAGE DETERMINATION

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS

ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-4233 Daniel W. Simms Division of | Revision No.: 30 Director Wage Determinations| Date Of Last Revision:

07/22/2024

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |Executive Order 14026 generally applies to | |after January 30, 2022, or the |the contract.

|contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $17.20 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent | | |performing on the contract in 2024. | |If the contract was awarded on or |Executive Order 13658 generally applies to | |between January 1, 2015 and January 29,|the contract.

|2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $12.90 per hour (or the applicable | |2022: |wage rate listed on this wage determination,|

| |if it is higher) for all hours spent | | |performing on the contract in 2024. |

The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the Executive Orders is available at www.dol.gov/whd/govcontracts.

State: Pennsylvania

Area: Pennsylvania Counties of Delaware, Philadelphia

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE

RATE

01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 18.71 01012 - Accounting Clerk II 20.99 01013 - Accounting Clerk III 23.48 01020 - Administrative Assistant 35.46 01035 - Court Reporter 32.96 01041 - Customer Service Representative I 17.16*** 01042 - Customer Service Representative II 18.72 01043 - Customer Service Representative III 21.03 01051 - Data Entry Operator I 17.92 01052 - Data Entry Operator II 19.55 01060 - Dispatcher, Motor Vehicle 23.00 01070 - Document Preparation Clerk 19.15 01090 - Duplicating Machine Operator 19.15

01111 - General Clerk I 17.43 01112 - General Clerk II 19.02 01113 - General Clerk III 21.34 01120 - Housing Referral Assistant 24.90 01141 - Messenger Courier 17.15*** 01191 - Order Clerk I 17.36 01192 - Order Clerk II 18.94 01261 - Personnel Assistant (Employment) I 19.22 01262 - Personnel Assistant (Employment) II 21.50 01263 - Personnel Assistant (Employment) III 23.98 01270 - Production Control Clerk 25.02 01290 - Rental Clerk 18.91 01300 - Scheduler, Maintenance 19.96 01311 - Secretary I 19.96 01312 - Secretary II 22.33 01313 - Secretary III 24.90 01320 - Service Order Dispatcher 20.56 01410 - Supply Technician 35.46 01420 - Survey Worker 21.96 01460 - Switchboard Operator/Receptionist 17.50 01531 - Travel Clerk I 19.82 01532 - Travel Clerk II 20.94 01533 - Travel Clerk III 22.51 01611 - Word Processor I 17.49 01612 - Word Processor II 19.63 01613 - Word Processor III 21.96 05000 - Automotive Service Occupations

05005 - Automobile Body Repairer, Fiberglass 24.93 05010 - Automotive Electrician 25.33 05040 - Automotive Glass Installer 24.26 05070 - Automotive Worker 24.26 05110 - Mobile Equipment Servicer 22.03 05130 - Motor Equipment Metal Mechanic 26.31 05160 - Motor Equipment Metal Worker 24.26 05190 - Motor Vehicle Mechanic 26.31 05220 - Motor Vehicle Mechanic Helper 20.74 05250 - Motor Vehicle Upholstery Worker 23.21 05280 - Motor Vehicle Wrecker 24.26 05310 - Painter, Automotive 25.33 05340 - Radiator Repair Specialist 24.26 05370 - Tire Repairer 18.02 05400 - Transmission Repair Specialist 26.31 07000 - Food Preparation And Service Occupations 07010 - Baker 16.79*** 07041 - Cook I 18.22 07042 - Cook II 20.07 07070 - Dishwasher 14.53*** 07130 - Food Service Worker 14.70*** 07210 - Meat Cutter 21.72 07260 - Waiter/Waitress 15.16*** 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 23.60 09040 - Furniture Handler 17.39 09080 - Furniture Refinisher 22.88

09090 - Furniture Refinisher Helper 19.50 09110 - Furniture Repairer, Minor 21.21 09130 - Upholsterer 19.43 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 16.30*** 11060 - Elevator Operator 16.30*** 11090 - Gardener 22.39 11122 - Housekeeping Aide 17.20 11150 - Janitor 17.20 11210 - Laborer, Grounds Maintenance 18.31 11240 - Maid or Houseman 16.32*** 11260 - Pruner 16.90*** 11270 - Tractor Operator 21.08 11330 - Trail Maintenance Worker 18.31 11360 - Window Cleaner 18.63 12000 - Health Occupations 12010 - Ambulance Driver 20.39 12011 - Breath Alcohol Technician 27.04 12012 - Certified Occupational Therapist Assistant 30.58 12015 - Certified Physical Therapist Assistant 30.58 12020 - Dental Assistant 23.24 12025 - Dental Hygienist 44.64 12030 - EKG Technician 31.06 12035 - Electroneurodiagnostic Technologist 31.06 12040 - Emergency Medical Technician 20.39 12071 - Licensed Practical Nurse I 24.17 12072 - Licensed Practical Nurse II 27.04

12073 - Licensed Practical Nurse III 30.15 12100 - Medical Assistant 20.91 12130 - Medical Laboratory Technician 30.90 12160 - Medical Record Clerk 21.22 12190 - Medical Record Technician 23.74 12195 - Medical Transcriptionist 21.18 12210 - Nuclear Medicine Technologist 47.74 12221 - Nursing Assistant I 14.28*** 12222 - Nursing Assistant II 16.07*** 12223 - Nursing Assistant III 17.54 12224 - Nursing Assistant IV 19.68 12235 - Optical Dispenser 21.62 12236 - Optical Technician 19.88 12250 - Pharmacy Technician 18.46 12280 - Phlebotomist 22.54 12305 - Radiologic Technologist 37.69 12311 - Registered Nurse I 29.51 12312 - Registered Nurse II 33.65 12313 - Registered Nurse II, Specialist 33.65 12314 - Registered Nurse III 40.71 12315 - Registered Nurse III, Anesthetist 40.71 12316 - Registered Nurse IV 48.80 12317 - Scheduler (Drug and Alcohol Testing) 33.50 12320 - Substance Abuse Treatment Counselor 26.13 13000 - Information And Arts Occupations 13011 - Exhibits Specialist I 23.56 13012 - Exhibits Specialist II 29.19

13013 - Exhibits Specialist III 35.71 13041 - Illustrator I 22.94 13042 - Illustrator II 30.61 13043 - Illustrator III 37.43 13047 - Librarian 33.04 13050 - Library Aide/Clerk 16.83*** 13054 - Library Information Technology Systems 29.84 Administrator 13058 - Library Technician 20.96 13061 - Media Specialist I 21.53 13062 - Media Specialist II 24.08 13063 - Media Specialist III 26.85 13071 - Photographer I 20.00 13072 - Photographer II 22.37 13073 - Photographer III 27.72 13074 - Photographer IV 33.91 13075 - Photographer V 41.02 13090 - Technical Order Library Clerk 19.49 13110 - Video Teleconference Technician 24.94 14000 - Information Technology Occupations 14041 - Computer Operator I 23.42 14042 - Computer Operator II 26.19 14043 - Computer Operator III 29.21 14044 - Computer Operator IV 32.45 14045 - Computer Operator V 35.94 14071 - Computer Programmer I (see 1) 14072 - Computer Programmer II (see 1) 14073 - Computer Programmer III (see 1) 14074 - Computer Programmer IV (see 1) 14101 - Computer Systems Analyst I (see 1)

14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment Operator 23.42 14160 - Personal Computer Support Technician 32.45 14170 - System Support Specialist 35.94 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Non-Rated) 33.89 15020 - Aircrew Training Devices Instructor (Rated) 41.01 15030 - Air Crew Training Devices Instructor (Pilot) 49.16 15050 - Computer Based Training Specialist / Instructor 33.89 15060 - Educational Technologist 36.59 15070 - Flight Instructor (Pilot) 49.16 15080 - Graphic Artist 29.40 15085 - Maintenance Test Pilot, Fixed, Jet/Prop 49.16 15086 - Maintenance Test Pilot, Rotary Wing 49.16 15088 - Non-Maintenance Test/Co-Pilot 49.16 15090 - Technical Instructor 27.58 15095 - Technical Instructor/Course Developer 33.72 15110 - Test Proctor 22.25 15120 - Tutor 22.25 16000 - Laundry, Dry-Cleaning, Pressing And Related Occupations 16010 - Assembler 16.55*** 16030 - Counter Attendant 16.55*** 16040 - Dry Cleaner 18.92 16070 - Finisher, Flatwork, Machine 16.55*** 16090 - Presser, Hand 16.55*** 16110 - Presser, Machine, Drycleaning 16.55*** 16130 - Presser, Machine, Shirts 16.55***

16160 - Presser, Machine, Wearing Apparel, Laundry 16.55*** 16190 - Sewing Machine Operator 19.71 16220 - Tailor 20.50 16250 - Washer, Machine 17.34 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine-Tool Operator (Tool Room) 26.94 19040 - Tool And Die Maker 30.94 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 23.73 21030 - Material Coordinator 25.02 21040 - Material Expediter 25.02 21050 - Material Handling Laborer 19.30 21071 - Order Filler 17.46 21080 - Production Line Worker (Food Processing) 23.73 21110 - Shipping Packer 20.40 21130 - Shipping/Receiving Clerk 20.40 21140 - Store Worker I 19.07 21150 - Stock Clerk 24.21 21210 - Tools And Parts Attendant 23.73 21410 - Warehouse Specialist 23.73 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 38.46 23019 - Aircraft Logs and Records Technician 32.63 23021 - Aircraft Mechanic I 36.98 23022 - Aircraft Mechanic II 38.46 23023 - Aircraft Mechanic III 39.83 23040 - Aircraft Mechanic Helper 29.16 23050 - Aircraft, Painter 35.61

23060 - Aircraft Servicer 32.63 23070 - Aircraft Survival Flight Equipment Technician 35.61 23080 - Aircraft Worker 34.11 23091 - Aircrew Life Support Equipment (ALSE) Mechanic 34.11 I 23092 - Aircrew Life Support Equipment (ALSE) Mechanic 36.98

II

23110 - Appliance Mechanic 25.05 23120 - Bicycle Repairer 18.27 23125 - Cable Splicer 51.87 23130 - Carpenter, Maintenance 28.93 23140 - Carpet Layer 27.91 23160 - Electrician, Maintenance 34.93 23181 - Electronics Technician Maintenance I 31.86 23182 - Electronics Technician Maintenance II 33.26 23183 - Electronics Technician Maintenance III 34.55 23260 - Fabric Worker 29.13 23290 - Fire Alarm System Mechanic 29.60 23310 - Fire Extinguisher Repairer 27.65 23311 - Fuel Distribution System Mechanic 39.36 23312 - Fuel Distribution System Operator 32.96 23370 - General Maintenance Worker 23.14 23380 - Ground Support Equipment Mechanic 36.98 23381 - Ground Support Equipment Servicer 32.63 23382 - Ground Support Equipment Worker 34.11 23391 - Gunsmith I 27.65 23392 - Gunsmith II 30.45

23393 - Gunsmith III 33.02 23410 - Heating, Ventilation And Air-Conditioning 29.45 Mechanic 23411 - Heating, Ventilation And Air Contidioning 30.63 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 29.89 23440 - Heavy Equipment Operator 30.61 23460 - Instrument Mechanic 33.77 23465 - Laboratory/Shelter Mechanic 31.79 23470 - Laborer 19.30 23510 - Locksmith 32.33 23530 - Machinery Maintenance Mechanic 31.11 23550 - Machinist, Maintenance 27.78 23580 - Maintenance Trades Helper 18.52 23591 - Metrology Technician I 33.77 23592 - Metrology Technician II 35.09 23593 - Metrology Technician III 36.20 23640 - Millwright 33.86 23710 - Office Appliance Repairer 23.64 23760 - Painter, Maintenance 25.00 23790 - Pipefitter, Maintenance 33.01 23810 - Plumber, Maintenance 31.78 23820 - Pneudraulic Systems Mechanic 33.02 23850 - Rigger 28.78 23870 - Scale Mechanic 30.45 23890 - Sheet-Metal Worker, Maintenance 35.57 23910 - Small Engine Mechanic 22.41

23931 - Telecommunications Mechanic I 30.60 23932 - Telecommunications Mechanic II 31.82 23950 - Telephone Lineman 44.76 23960 - Welder, Combination, Maintenance 26.00 23965 - Well Driller 29.52 23970 - Woodcraft Worker 33.02 23980 - Woodworker 27.65 24000 - Personal Needs Occupations 24550 - Case Manager 20.75 24570 - Child Care Attendant 14.78*** 24580 - Child Care Center Clerk 18.44 24610 - Chore Aide 14.13*** 24620 - Family Readiness And Support Services 20.75 Coordinator 24630 - Homemaker 20.75 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 35.75 25040 - Sewage Plant Operator 31.39 25070 - Stationary Engineer 35.75 25190 - Ventilation Equipment Tender 28.19 25210 - Water Treatment Plant Operator 31.39 27000 - Protective Service Occupations 27004 - Alarm Monitor 24.62 27007 - Baggage Inspector 16.85*** 27008 - Corrections Officer 26.79 27010 - Court Security Officer 33.16 27030 - Detection Dog Handler 19.62 27040 - Detention Officer 26.79

27070 - Firefighter 39.52 27101 - Guard I 16.85*** 27102 - Guard II 19.62 27131 - Police Officer I 36.95 27132 - Police Officer II 41.05 28000 - Recreation Occupations 28041 - Carnival Equipment Operator 17.04*** 28042 - Carnival Equipment Repairer 18.10 28043 - Carnival Worker 13.66*** 28210 - Gate Attendant/Gate Tender 19.65 28310 - Lifeguard 14.06*** 28350 - Park Attendant (Aide) 21.98 28510 - Recreation Aide/Health Facility Attendant 16.05*** 28515 - Recreation Specialist 27.24 28630 - Sports Official 17.51 28690 - Swimming Pool Operator 19.94 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 31.37 29020 - Hatch Tender 31.37 29030 - Line Handler 31.37 29041 - Stevedore I 30.01 29042 - Stevedore II 32.75 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 49.75 30011 - Air Traffic Control Specialist, Station (HFO) (see 2) 34.30 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 37.78 30021 - Archeological Technician I 20.33 30022 - Archeological Technician II 22.75

30023 - Archeological Technician III 28.18 30030 - Cartographic Technician 28.27 30040 - Civil Engineering Technician 29.92 30051 - Cryogenic Technician I 30.68 30052 - Cryogenic Technician II 33.89 30061 - Drafter/CAD Operator I 20.33 30062 - Drafter/CAD Operator II 22.75 30063 - Drafter/CAD Operator III 25.36 30064 - Drafter/CAD Operator IV 31.21 30081 - Engineering Technician I 19.11 30082 - Engineering Technician II 21.46 30083 - Engineering Technician III 24.00 30084 - Engineering Technician IV 29.75 30085 - Engineering Technician V 36.38 30086 - Engineering Technician VI 44.01 30090 - Environmental Technician 28.88 30095 - Evidence Control Specialist 27.70 30210 - Laboratory Technician 29.85 30221 - Latent Fingerprint Technician I 27.28 30222 - Latent Fingerprint Technician II 30.14 30240 - Mathematical Technician 31.00 30361 - Paralegal/Legal Assistant I 21.69 30362 - Paralegal/Legal Assistant II 26.86 30363 - Paralegal/Legal Assistant III 32.86 30364 - Paralegal/Legal Assistant IV 39.75 30375 - Petroleum Supply Specialist 33.89

30390 - Photo-Optics Technician 28.18 30395 - Radiation Control Technician 33.89 30461 - Technical Writer I 27.52 30462 - Technical Writer II 33.68 30463 - Technical Writer III 40.74 30491 - Unexploded Ordnance (UXO) Technician I 31.62 30492 - Unexploded Ordnance (UXO) Technician II 38.26 30493 - Unexploded Ordnance (UXO) Technician III 45.85 30494 - Unexploded (UXO) Safety Escort 31.62 30495 - Unexploded (UXO) Sweep Personnel 31.62 30501 - Weather Forecaster I 30.68 30502 - Weather Forecaster II 37.32 30620 - Weather Observer, Combined Upper Air Or (see 2) 25.36 Surface Programs 30621 - Weather Observer, Senior (see 2) 28.18 31000 - Transportation/Mobile Equipment Operation Occupations 31010 - Airplane Pilot 38.26 31020 - Bus Aide 22.94 31030 - Bus Driver 29.56 31043 - Driver Courier 19.94 31260 - Parking and Lot Attendant 14.46*** 31290 - Shuttle Bus Driver 19.00 31310 - Taxi Driver 15.48*** 31361 - Truckdriver, Light 21.14 31362 - Truckdriver, Medium 22.28 31363 - Truckdriver, Heavy 27.88 31364 - Truckdriver, Tractor-Trailer 27.88 99000 - Miscellaneous Occupations

99020 - Cabin Safety Specialist 18.65 99030 - Cashier 14.27*** 99050 - Desk Clerk 15.79*** 99095 - Embalmer 34.20 99130 - Flight Follower 31.62 99251 - Laboratory Animal Caretaker I 17.53 99252 - Laboratory Animal Caretaker II 18.62 99260 - Marketing Analyst 36.28 99310 - Mortician 34.20 99410 - Pest Controller 21.24 99510 - Photofinishing Worker 18.64 99710 - Recycling Laborer 24.67 99711 - Recycling Specialist 28.42 99730 - Refuse Collector 22.78 99810 - Sales Clerk 15.30*** 99820 - School Crossing Guard 17.65 99830 - Survey Party Chief 30.58 99831 - Surveying Aide 18.14 99832 - Surveying Technician 26.81 99840 - Vending Machine Attendant 18.04 99841 - Vending Machine Repairer 21.10 99842 - Vending Machine Repairer Helper 18.04

***Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20 per hour) or 13658 ($12.90 per hour). Please see the

Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands. The minimum wage requirements of Executive Order 14026 also are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $5.36 per hour, up to 40 hours per week, or $214.40 per week or $929.07 per month

HEALTH & WELFARE EO 13706: $4.93 per hour, up to 40 hours per week, or $197.20 per week, or $854.53 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 8 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (See 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE

FOLLOWING:

1) COMPUTER EMPLOYEES: This wage determination does not apply to any individual employed in a bona fide executive, administrative, or professional capacity, as defined in 29 C.F.R. Part 541. (See 41 C.F.R. 6701(3)). Because most Computer Systems Analysts and Computer Programmers who are paid at least $27.63 per hour (or at least $684 per week if paid on a salary or fee basis) likely qualify as exempt computer professionals under 29 U.S.C. 213(a)(1) and 29 U.S.C. 213(a)(17), this wage determination may not include wage rates for all occupations within those job families. In such instances, a conformance will be necessary if there are nonexempt employees in these job families working on the contract.

Job titles vary widely and change quickly in the computer industry, and are not determinative of whether an employee is an exempt computer professional.

To be exempt, computer employees who satisfy the compensation requirements must also have a primary duty that consists of:

(1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;

(2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;

(3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400).

Any computer employee who meets the applicable compensation requirements and the above duties test qualifies as an exempt computer professional under both section 13(a)(1) and section 13(a)(17) of the Fair Labor Standards Act. (Field Assistance Bulletin No. 2006-3 (Dec. 14, 2006)). Accordingly, this wage determination will not apply to any exempt computer employee regardless of which of these two exemptions is utilized.

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY

PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.

If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime

(i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).

** HAZARDOUS PAY DIFFERENTIAL **

An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordnance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder.

All dry-house activities involving propellants or explosives.

Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordnance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like;

minimal damage to immediate or adjacent work area or equipment being used.

All operations involving, unloading, storage, and hauling of ordnance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance, explosives, and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day).

However, in those instances where the uniforms furnished are made of ""wash and wear"" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"", Fifth Edition (Revision 1), dated September 2015, unless otherwise indicated.

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE,

Standard Form 1444 (SF-1444) **

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification.

Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the U.S.

Department of Labor, Wage and Hour Division, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the ""Service Contract Act Directory of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

MAY 2024

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2022

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-20 Aerosols MAY 2024 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.227-1 Authorization and Consent JUN 2020 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996 52.243-1 Changes--Fixed Price AUG 1987 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

JUN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021)

(a) Definition. Commercially available off-the-shelf (COTS) item, as used in this clause--

(1) Means any item of supply (including construction material) that is--

(i) A commercial product (as defined in paragraph (1) of the definition of "commercial product" in Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

(b) The Government suspends or debars Contractors to protect the Government's interests. Other than a subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any subcontract, in excess of the threshold specified in FAR 9.405-2(b) on the date of subcontract award, with a Contractor that is debarred, suspended, or proposed for debarment by any executive agency unless there is a compelling reason to do so.

(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed the threshold specified in FAR 9.405-2(b) on the date of subcontract award, other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.

(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party (other than a subcontractor providing a commercially available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the System for Award Management (SAM) Exclusions). The notice must include the following:

(1) The name of the subcontractor.

(2) The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM.

(3) The compelling reason(s) for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM.

(4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment.

(e) Subcontracts. Unless this is a contract for the acquisition of commercial products or commercial services, the Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for the identification of the parties), in each subcontract that--

(1) Exceeds the threshold specified in FAR 9.405-2(b) on the date of subcontract award; and

(2) Is not a subcontract for commercially available off-the-shelf items.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily https://www.sam.gov/ 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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…

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