RFQ W912DW23Q0035.pdf

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FY23 Shoalhunter Dry Dock Maintenance and Repairs
Solicitation number
W912DW23Q0035
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This request for quote (RFQ) from the Department of the Army Corps of Engineers Engineering District Seattle solicits offers for FY23 Shoalhunter Dry Dock Maintenance and Repairs. The contractor shall provide services including hauling out and pressure washing the vessel, applying new antifouling paint, replacing zinc anodes and propeller shafts, and optional interior refurbishment tasks. Offers are due by July 18, 2023 with work to be completed between August 1-September 30, 2023. The solicitation is set aside for small businesses and will result in a firm-fixed price purchase order awarded to the lowest priced offer conforming to requirements.

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SEE ADDENDUM

(No Collect Calls)

W912DW23Q0035 28-Jun-2023

b. TELEPHONE NUMBER

206-316-3168

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 18 Jul 2023

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 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.

W912DW9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

HIEN HO

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

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

USA ENGINEER DISTRICT, SEATTLE

ATTN: CENWS-CT

4735 EAST MARGINAL WAY SOUTH, BLDG. 1202

SEATTLE WA 98134-2388

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 960506 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

US ARMY CORPS OF ENGINEERS

BRAD SCHULTZ

4735 E. MARGINAL WAY S B1202

SEATTLE WA 98124-3755

TEL: 206-764-3429 FAX:

206-764-6817FAX:

TEL: 206-316-3168 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

336611

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)

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.

W912DW23Q0035

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Task 1: Haul Out & Pressure Wash

FFP

Task 1: Haul out, pressure wash and scrape bottom of boat to remove marine growth. Care shall be taken around transducers. Contractor shall arrange for time and facilities for the Government representatives to inspect, clean and remove the transducers. Transducers shall not be pressure washed or scraped by contractor personnel.

FOB: Destination

PSC CD: J019

NET AMT

0002 1 Job Task 2: Apply Antifouling Paint

FFP

Task 2: Apply new, antifouling paint of same type and color as current, to entire vessel bottom, rudders, shoes and struts. Transducers and running gear shall be masked off and protected from stripping and painting activities. Care shall be taken to prevent damage to the transducers and running gear/bearings from the stripping and painting activities. Apply a minimum of 1 coat of ablative, antifouling paint in addition to any preparation and primer required to patch existing spots of failed coating. Areas of hull and rest of the vessel not intended to be painted, shall be carefully masked.

0003 1 Job Task 3: Replace All Zinc Anodes on Boat

FFP

Task 3: Remove and replace all zinc anodes with same type and size. (4ea) 2 ½ shaft, (4ea) Z312lb weld on (to be drilled and bolted to existing studs on shoes), (2ea) prop nut, (2ea) 5 1/8 rudder and (2ea) R2 rudder (multi-beam transducer frame zincs).

0004 1 Job Task 4: Replace Propeller Shafts

FFP

Task 4: Remove and replace port and starboard 2-1/2” propeller shafts with new aqua-alloy 19 propeller shafts. Additionally, engine/shaft couplers, propeller nuts, cutlass bearings, rudder shaft bearings and shaft seals for propeller and rudder shafts shall also be replaced. All materials shall be of like kind, new and not remanufactured. Propeller shafts shall be balanced and properly finished on bearing and seal areas to prevent bearing and seal wear. Shafts will retain same taper and key type so that original propellers may be reinstalled. Currently installed propellers shall be removed, inspected, tuned and balanced by a qualified shop.

Propeller inspection report shall be provided to government representative.

Propellers will be lubricated, reinstalled and properly torqued, taking care to prevent binding on the shaft and keyway

0005 1 Job OPTION OPTION Task 5: Replace Cabin Interior

FFP

5 OPTION Task 5: Remove and replace approximately 750 sf of cabin interior glue down fabric bulkhead with similar materials, as approved by government representative. Materials shall be intended for the purpose of marine vessel interior bulkhead and approved by the government representative. All transitions, terminations, openings, and windows will have trim removed and material shall extend beyond what the trim covers to create a professional appearance once trim is reinstalled. Interior window rings shall be removed for installation of bulkhead materials and replaced afterward. Existing wood trim may be reused if able to be preserved and practical. All trim shall be reinstalled and any damaged wood trim shall be replaced with varnished teak to match existing trim. Fabric color shall be gray.

0006 1 Job OPTION OPTION Task 6: Replace 24VDC Overhead

FFP

OPTION Task 6: Remove and replace all 24VDC overhead lighting in the following locations: Bridge (2, 6” round fixtures w/selectable red/white lighting), salon (3, 6” round fixtures w/selectable red/white lighting), below deck hall (1, 6” round fixture), fwd stateroom (1, 6” round fixture), aft stateroom (1, 6” round fixture).

0007 1 Job OPTION OPTION Task 7: Replace 120VAC Overhead

FFP

OPTION Task 7: Remove and replace 120VAC overhead fluorescent and incandescent lighting with high quality LED fixtures in the following locations:

bridge (3, 2’ fluorescent fixtures), below deck hall (1 round led fixture to be replaced with 4’ long led fixture).

0008 1 Job OPTION OPTION Task 8: Replace 3Cadet W. Heaters

FFP

OPTION Task 8: Remove and replace 3 cadet wall heaters with similar. New heaters shall be 1,000 watt and 120 VAC. New heaters will include stainless steel grill/covers.

0009 1 Job OPTION OPTION Task 9: Remove Carpeting

FFP

OPTION Task 9: Remove carpeting on below deck stairs, in below deck corridor and below deck staterooms with lawn coin vinyl flooring identical to what is currently in the salon.

0010 1 Job OPTION OPTION Task 10: Re-caulk & Reinstall

FFP

OPTION Task 10: Remove, re-caulk and reinstall antenna mounting bracket on salon overhead to repair leaking. This task will require accessing hardware hidden behind salon interior headliner. All mounting hardware shall be new 316 stainless steel, and include fender washers wherever practical, as well as locking nuts (nylon locknuts). All hardware shall be properly bedded/sealed to prevent the ingress of water into the fiberglass substrate and cabin interior.

0011 1 Job OPTION OPTION Task 11: Replace Exist Boom Lift

FFP

OPTION Task 11: Remove and replace the existing boom lift cylinder with government supplied boom lift cylinder on the Morgan Model 27 Marine Crane.

Crane will not be operational while vessel is out of water, due to the hydraulics system being powered by the port propulsion engine.

QUOTE INSTRUCTIONS

QUOTE INSTRUCTIONS

1. REPRESENTATIONS AND CERTIFICATIONS CONTAINED HEREIN MUST BE

COMPLETED BY QUOTERS AND RETURNED WITH QUOTES:

IF YOUR REPRESENTATIONS AND CERTIFICATIONS ARE REGISTERED IN THE

“SYSTEM FOR AWARD MANAGEMENT” (SAM) CHECK HERE . IF NOT, YOU CAN

REGISTER ONLINE AT www.sam.gov

2. This solicitation is 100% small business set-aside as described in Block 10 of this solicitation (page 1).

3. Request for Quote No: W912DW23Q0035

4. Closing Date and Time: 18 July 2023, Tuesday 02:00 PM. Pacific Time or see Blocks 6 and 8 of this solicitation (page 1).

5. Site Visit: A highly recommended site visit will be conducted on 10 July 2023 at 10:00 Pacific Standard Time. The site visit will be conducted at:

Federal Center South – Floating Pier 4735 E Marginal Way S Seattle, WA 98134

Site visit Point of Contact (POC):

Primary POC:

Edward Benton – Small Craft Operator Email: Edward.D.Benton@usace.army.mil Phone: (360) 537-9467

Secondary POC:

Brad Schultz- Chief of Waterway Maintenance Unit Email: Bradford.L.Schultz@usace.army.mil mailto:Edward.D.Benton@usace.army.mil mailto:Bradford.L.Schultz@usace.army.mil

Phone: 253-250-1230

6. The NAICS code for this requirement is 336611 with a size standard of 1,250 employees as described in Block 10. The PSC is J019.

7. See the Performance Work Statement (PWS) for complete description of this requirement.

8. Award will be made as a Firm-Fixed Priced Purchase Order to the lowest priced quote whose quote conforms to the requirement of the solicitation and where price has been determined fair and reasonable.

The quoter must provide pricing for ALL items in the solicitation for its quote to be acceptable to the Government. Quotes must set forth full, accurate and complete information as required by the RFQ.

9. Multiple quotes are not accepted for this RFQ. If multiple quotes are received only one quote (as determined by the Contracting Officer) will be evaluated by the Government. The quote shall be determined acceptable based on the date and time received.

10. Email quotes shall be accepted before closing at e-mail address hien.ho@usace.army.mil and

Gregory.A.Cook@usace.army.mil. For questions, please email the above email addresses or call (206) 316- 4394 or (206) 764-6692 .

11. PROSPECTIVE CONTRACTORS: Contractors are required to be registered in the System for Awards

Management (SAM) for awards resulting from solicitations.

“Registered in the System for Award Management (SAM) database” means that –

a. The Offeror has entered all mandatory information, including the unique entity identifier and the

EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

b. The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

c. The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

d. The Government has marked the record “Active”.

This rule more efficiently implements the Debt Collection Improvement Act of 1996, as it requires contractors to be registered in SAM for consideration of future solicitations, awards, and payment.

Registration is required prior to award of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement from a solicitation.

LACK OF REGISTRATION IN THE SAM DATABASE WILL MAKE A QUOTE INELIGIBLE

FOR AWARD.

The web site may be accessed at www.sam.gov

12. Award will be made to the lowest priced, responsible quoter, whose quote conforms to the requirement of the solicitation.

13. State and Local Taxes mailto:hien.ho@usace.army.mil mailto:Gregory.A.Cook@usace.army.mil http://www.sam.gov/

The U.S. Army Corps of Engineers is exempt from paying state and local taxes per Title 4 United States Code 104-107. The U.S. Army Corps of Engineers Tax ID Number is 62-1642142.

Contractors performing services for the U.S. Army Corps of Engineers are not exempt from state and local taxes in transactions with vendors, suppliers or subcontractors. It is the contractor’s responsibility to investigate applicable federal, state, and local taxes, along with any specific exemptions that may exist.

This includes any applicable Value-Added Taxes (VAT), sales, use,and excise taxes.

The U.S. Army Corps of Engineers will not accept any invoice with a separate tax line. If there are any appropriate taxes, the contractor my considerer that tax as the cost of doing business and incorporate that cost within the cost of the item or job.

14. Required Submittals:

a) Signed and dated STANDARD FORM 1449 (Solicitation/ Contract/ Order for Commercial Items).

b) Signed and dated STANDARD FORM 30, if applicable, for any Amendments to the solicitation.

c) Completed pricing information for all CLIN items.

d) Required items in #15 below.

15. The following information is required with quotation submission:

DUNS Number: .

Cage Code Number: .

This requires registration in SAM, web site for registration is www.sam.gov.

Remit to Address: .

Company Name: .

Address: .

City/State/Zip: .

Phone & Fax Numbers: .

Point of Contact: .

E-Mail Address: .

The quoter must provide pricing for all items in the solicitation for its quote to be acceptable to the Government.

All quoted items must meet the requirements of the Request for Quote (RFQ).

Multiple quotes are not accepted for this RFQ. If multiple quotes are received only one quote (as determined by the Contracting Officer) will be evaluated by the Government. The quote shall be determined acceptable based on the date and time received

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2023 TO

30-SEP-2023

N/A US ARMY CORPS OF ENGINEERS

BRAD SCHULTZ

4735 E. MARGINAL WAY S B1202

SEATTLE WA 98124-3755

206-764-3429

960506

0002 POP 01-AUG-2023 TO

30-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0008 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0009 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0010 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0011 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

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 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FY23 Shoalhunter Dry Dock Maintenance and Repairs

PART 1: GENERAL INFORMATION

1. General: This is a non-personal services contract to provide USACE, Seattle District, Navigation Section, with Shoalhunter Dry-dock Maintenance Services, at a facility within the Seattle area. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. The expectation is that work will be efficiently performed no more than 300 (nautical) miles - from Seattle, WA. The vessel will be delivered to contractor’s facility by government crew and only near coastal or protected water transits are possible.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, applicable licenses and permits, and other items and non-personal services necessary to perform FY23 Shoalhunter Dry Dock Repair and Maintenance Services, as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Shoalhunter is a 58’ overall length by 20’ beam, 46 GRT fiberglass, mono-hull vessel built by Modutech Marine in Tacoma, WA commissioned in 1993. The boat is in sound condition, but in need of minor maintenance and repair, as well as some additional retrofitting and interior/exterior equipment and finish upgrades.

1.3 Objectives: Haul out, pressure wash, remove all marine growth and replace all zinc anodes.

Remove and re-caulk aft antenna mount base on salon overhead deck. Upgrade all interior lighting fixtures to high quality led fixtures. Remove and replace lift cylinder on hydraulic extendable boom crane. Remove and replace head liner, and bulkhead coverings within the salon and wheelhouse. Replace floor coverings in the lower staterooms and hall. Remove and replace all cadet wall heaters. Replace propeller shafts, cutlass bearings and dripless shaft seals.

1.4 Site Visit: A highly recommended site visit will be conducted on 10 JUL 23 10:00 Pacific Standard Time. The site visit will be conducted at:

Federal Center South – Floating Pier 4735 E Marginal Way S Seattle, WA 98134

1.5 Period of Performance: The period of performance shall be:

1 Aug 2023 to 30 Sept 2023

1.7 Recognized Holidays:

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

1.8 Hours of Operation: The contractor is free to conduct business 24/7 during the performance period unless restricted by environmental concerns. Contractor is responsible for conducting business, between the hours of 8:00 a.m. to 4:00 p.m. PST Monday thru Friday except Federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.9 Place of Performance: The work to be performed under this contract will be performed at the Contractor’s facility within 300 nautical miles of Seattle, WA.

1.10 Type of Contract: The government will award a Firm Fixed Price contract.

1.12 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.13 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance.

At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.14 Key Personnel: The following personnel are considered key personnel by the government:

Brad Schultz, Chief, Waterway Maintenance Unit and Ed Benton, Master, Shoalhunter. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:00 p.m. PST, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.15 Identification of Contractor Employees: All contract 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. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

PART 2: DEFINITIONS & 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. 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.

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

2.1.4. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.5. 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.

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

2.1.7. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.8 QUALITY ASSURANCE REPRESENTATIVE (QAR). An employee of the U.S.

Government responsible for ensuring performance in accordance with the PWS. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

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.

PART 3: GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 Facilities: The government will provide no facilities.

3.2 Utilities: N/A

3.3 Equipment: N/A

3.4 Materials: N/A

PART 4: CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General: The contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Materials: The contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.3. Equipment: The contractor shall furnish all materials, hardware, coatings, or other supplies and work requirements under this PWS.

PART 5: SPECIFIC TASKS

5.1. Basic Services: The contractor shall provide all management, personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and applicable licenses and permits necessary to perform vessel dry-dock maintenance services.

5.2. Tasks:

5.2.1 Task 1: Haul out, pressure wash and scrape bottom of boat to remove marine growth. Care shall be taken around transducers. Contractor shall arrange for time and facilities for the Government representatives to inspect, clean and remove the transducers. Transducers shall not be pressure washed or scraped by contractor personnel.

5.2.2 Task 2: Apply new, antifouling paint of same type and color as current, to entire vessel bottom, rudders, shoes and struts. Transducers and running gear shall be masked off and protected from stripping and painting activities. Care shall be taken to prevent damage to the transducers and running gear/bearings from the stripping and painting activities. Apply a minimum of 1 coat of ablative, antifouling paint in addition to any preparation and primer required to patch existing spots of failed coating. Areas of hull and rest of the vessel not intended to be painted, shall be carefully masked.

5.2.3 Task 3: Remove and replace all zinc anodes with same type and size. (4ea) 2 ½ shaft, (4ea) Z312lb weld on (to be drilled and bolted to existing studs on shoes), (2ea) prop nut, (2ea) 5 1/8 rudder and (2ea) R2 rudder (multi-beam transducer frame zincs).

5.2.4 Task 4: Remove and replace port and starboard 2-1/2” propeller shafts with new aqua-alloy 19 propeller shafts. Additionally, engine/shaft couplers, propeller nuts, cutlass bearings, rudder shaft bearings and shaft seals for propeller and rudder shafts shall also be replaced. All materials shall be of like kind, new and not remanufactured. Propeller shafts shall be balanced and properly finished on bearing and seal areas to prevent bearing and seal wear. Shafts will retain same taper and key type so that original propellers may be reinstalled. Currently installed propellers shall be removed, inspected, tuned and balanced by a qualified shop. Propeller inspection report shall be provided to government representative. Propellers will be lubricated, reinstalled and properly torqued, taking care to prevent binding on the shaft and keyway.

5.2.5 OPTION Task 5: Remove and replace approximately 750 sf of cabin interior glue down fabric bulkhead with similar materials, as approved by government representative. Materials shall be intended for the purpose of marine vessel interior bulkhead and approved by the government representative. All transitions, terminations, openings, and windows will have trim removed and material shall extend beyond what the trim covers to create a professional appearance once trim is reinstalled. Interior window rings shall be removed for installation of bulkhead materials and replaced afterward. Existing wood trim may be reused if able to be preserved and practical. All trim shall be reinstalled and any damaged wood trim shall be replaced with varnished teak to match existing trim. Fabric color shall be gray.

5.2.6 OPTION Task 6: Remove and replace all 24VDC overhead lighting in the following locations: Bridge (2, 6” round fixtures w/selectable red/white lighting), salon (3, 6” round fixtures w/selectable red/white lighting), below deck hall (1, 6” round fixture), fwd stateroom (1, 6” round fixture), aft stateroom (1, 6” round fixture).

5.2.7 OPTION Task 7: Remove and replace 120VAC overhead fluorescent and incandescent lighting with high quality LED fixtures in the following locations: bridge (3, 2’ fluorescent fixtures), below deck hall (1 round led fixture to be replaced with 4’ long led fixture).

5.2.8 OPTION Task 8: Remove and replace 3 cadet wall heaters with similar. New heaters shall be 1,000 watt and 120 VAC. New heaters will include stainless steel grill/covers.

5.2.9 OPTION Task 9: Remove carpeting on below deck stairs, in below deck corridor and below deck staterooms with lawn coin vinyl flooring identical to what is currently in the salon.

5.2.10 OPTION Task 10: Remove, re-caulk and reinstall antenna mounting bracket on salon overhead to repair leaking. This task will require accessing hardware hidden behind salon interior headliner. All mounting hardware shall be new 316 stainless steel, and include fender washers wherever practical, as well as locking nuts (nylon locknuts). All hardware shall be properly bedded/sealed to prevent the ingress of water into the fiberglass substrate and cabin interior.

5.2.11 OPTION Task 11: Remove and replace the existing boom lift cylinder with government supplied boom lift cylinder on the Morgan Model 27 Marine Crane. Crane will not be operational while vessel is out of water, due to the hydraulics system being powered by the port propulsion engine.

PART 6: APPLICABLE PUBLICATIONS

6.1 EM 385-1-1 USACE Safety and Health Requirements Manual

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf

6.2. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

PART 7: ATTACHMENT/TECHNICAL EXHIBIT LISTING

7.1. Attachment 1/Technical Exhibit 1: Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2: Deliverables Schedule

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Pictures are for Reference Only

TECHNICAL EXHIBIT 1

Performance Requirements Summary The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

TECHNICAL EXHIBIT 2

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold

Method of Surveillance

PRS # 1

The contractor shall follow all industry standards for painting work and provide an automotive type finish.

Work is started and completed on schedule established in QCP.

Work meets all specification requirements in the PWS.

Zero deviation from standard.

Inspect and evaluate weekly during performance.

Complaints must be validated.

PRS # 2

The contractor shall follow all marine industry standards for all other work and provide commercial grade equipment.

Work is started and completed on schedule established in QCP.

Inspect and evaluate weekly during performance.

Complaints must be validated.

PRS #3

The contractor shall ensure adherence to EM 385-1-1 standards for all work performed on vessel.

Work is started and completed on schedule established in QCP.

Inspect and evaluate weekly during performance.

Complaints must be validated.

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies

Medium/Format Submit To:

Quality Control Plan

Before start of work.

One (1)

Paper hard copy and electronic version.

Brad Schultz, QAR 4735 E. Marginal Way S B1202 Seattle, WA 98124-3755 206-764-3429 bradford.l.schultz@usace.army.mil

Summary of work performed with pictures.

After performance.

One (1)

Paper hard copy and electronic version

Same as above.

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

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

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

MAR 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)

JUN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

CLAUSES INCORPORATED BY REFERENCE

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies DEC 2022 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 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.

DEC 2016

52.225-1 Buy American--Supplies OCT 2022 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act DEC 2022 52.225-5 Trade Agreements DEC 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-34 Payment By Electronic Funds Transfer--Other Than System for Award Management

JUL 2013

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 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.246-1 Contractor Inspection Requirements APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7000 Buy American--Balance Of Payments Program Certificate-- Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7020 Trade Agreements Certificate--Basic NOV 2014 252.225-7048 Export-Controlled Items JUN 2013 252.225-7049 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services - Representations.

DEC 2018

252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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

COMMERCIAL SERVICES (DEC 2022)

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, 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;

https://www.sam.gov/

(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 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…

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