W912KC20R0002.pdf
PDF 604 KB Posted
- Attached to
- Prime Subsistence Vendor FT Indiantown Gap
- Solicitation number
- W912KC20R0002
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Other files
| File | Type | Posted |
|---|---|---|
| Attach C Gov Furnished Property.xlsx | XLSX spreadsheet | |
| Attach B_PAARNG Unit Locations.xlsx | XLSX spreadsheet | |
| MOCK MONTHLY REQUIREMENT .pdf | ||
| Exhbt C3 Monthly Invoice Summary MIS.pdf | ||
| Exhbt C1 Weekly Dashboard Summary WDS.pdf | ||
| GFP_Attachment 2019 TISA Contract.xlsx | XLSX spreadsheet | |
| Attach_A Subsistence Prime Vendor_SOW.docx | DOCX document | |
| Exhbt C4 Meal Usage Summary MUS.pdf | ||
| W912KC20R0002 Amend 00001.pdf | ||
| Attach B_QASP.docx | DOCX document | |
| Exhbt C7 BRM Work Order Request Form.pdf | ||
| Exhibit B_PAARNG MENU Workbook2.xlsx | XLSX spreadsheet | |
| Exhibit D_Mock Monthly Delivery.xlsx | XLSX spreadsheet | |
| Attach D Performance Questionnaire.pdf | ||
| Exhbt C2 Weekly Invoice Summary WIS.pdf | ||
| Exhbt C5 Menu Item Usage MIU.pdf | ||
| Exhibit A_PA CONSOLIDATED_PRICE_LIST2.xlsx | XLSX spreadsheet | |
| Exhbt C6 Field Rations Physical Count Worksheet.pdf |
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SEE ADDENDUM
(No Collect Calls)
W912KC20R0002 05-Nov-2019
b. TELEPHONE NUMBER
717-861-8658
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 05 Dec 2019
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.
W912KC9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ROBERT D. WENNER
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
USPFO FOR PENNSYLVANIA
ATTENTION: DEPT OF MILITARY AND VETERANS AFF
: P & C, RM#242,
FORT INDIANTOWN GAP PA 17003-5003
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 W90LL4 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W90LL4 - USPFO FOR PA
DESTINIE MORROW
BLDG 0 48 FISHER AVE
FT INDIANTOWN GAP
ANNVILLE PA 17003-5003
TEL: 717-861-8230 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
311991
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF75
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.
Section SF 1449 - CONTINUATION SHEET
IDIQ ORDERING INSTRUCTIONS
1. The USPFO for PA, Purchasing and Contracting Division will issue Delivery Orders on a quarterly basis.
2. Individuals authorized to issue Deliver Orders are:
Terry L. Fetterman Denise M. Keim Geoffrey A. Janavaris
3. Individuals authorized to place orders under the web based Automated Rations Program and Automated Food Management Information System (AFMIS) may place subsistence orders against the quarterly Delivery Orders via those systems. See SOW Paragraph 4.1.6.
4. The COR and Contractor shall monitor fund balance of Delivery Order to ensure orders place do not exceed available funds.
5. Delivery Orders may be placed by customers outside the PAARNG with prior, written approval of a KO of the PANG. All requests must be submitted to the contracting office for review and approval prior to the contractor accepting a delivery order. See SOW Paragraph 4.1.7.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Job
BASE YEAR - RATIONS
FFP
Provide complete meals and/or individual subsistence items to the PA National Guard facilities throughout the State of Pennsylvania. Base Contract Year (1 Jan 2020 thru 31 Dec 2020). Exact items and quantity will be ordered by an individual delivery order against this contract. See PAARNG Menu Book, PAARNG Rapid Preparation Meal (RPM) Menu Book, Fresh Meal Kits and the Shelf Stable Meal Kits documents for specific meals and items. Delivery Location will be determined by each Delivery Order; See attached -Army National Guard Delivery Locations and Air NationalGuard Delivery Locations FOB: Destination FOB: Destination
PSC CD: 8970
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 UNDEFINED Job
BASE YEAR - INCIDENTALS
FFP
BASE YEAR INCIDENTALS
FFP
(1 Jan 2020 thru 31 Dec 2020) ICE, PAPER PRODUCTS, AND DELIVERY
CHARGES
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
1001 UNDEFINED Job
OPTION YEAR 1- RATIONS
FFP
(1 Jan 2021 thru 31 Dec 2021) Provide complete meals and/or individual subsistence items to the PA National Guard facilities throughout the State of Pennsylvania. Exact items and quantity will be ordered by individual delivery order against this contract. See PAARNG Menu Book, PAARNG Rapid Preparation Meal (RPM) Menu Book, Fresh Meal Kits and the Shelf Stable Meal Kits documents for specific meals and items. Delivery Location will be determined by each Delivery Order; See attached - Army National Guard Delivery Locations. FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
1002 UNDEFINED Job
OPTION YEAR 1 - INCIDENTALS
FFP
FFP (1 Jan 2021 thru 31 Dec 2021) ICE, PAPER PRODUCTS, and DELIVERY
CHARGES.
UNIT UNIT PRICE MAX AMOUNT
2001 UNDEFINED Job
OPTION YEAR 2 - RATIONS
FFP
(1 Jan 2022 thru 31 Dec 2022) Provide complete meals and/or individual subsistence items to the PA National Guard facilities throughout the State of Pennsylvania. Exact items and quantity will be ordered by an individual delivery order against this contract. See PAARNG Menu Book, PAARNG Rapid Preparation Meal (RPM) Menu Book, Fresh Meal Kits and the Shelf Stable Meal Kits documents for specific meals and items. Delivery Location will be determined by each Delivery Order; See attached -Army National Guard Delivery Locations and Air NationalGuard Delivery Locations FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
2002 UNDEFINED Job
OPTION YEAR 2 - INCIDENTALS
FFP
(1 Jan 2022 thru 31 Dec 2022) ICE, PAPER PRODUCTS, AND DELIVERY
CHARGES
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
3001 UNDEFINED Job
OPTION YEAR 3 - RATIONS
FFP
(1 Jan 2023 thru 31 Dec 2023) Provide complete meals and/or individual subsistence items to the PA National Guard facilities throughout the Sta e of Pennsylvania. Exact items and quantity will be ordered by an individual delivery order against this contract. See PAARNG Menu Book, PAARNG Rapid Preparation Meal (RPM) Menu Book, Fresh Meal Kits and the Shelf Stable Meal Kits documents for specific meals and items. Delivery Location will be determined by each Delivery Order; See attached -Army National Guard Delivery Locations and Air NationalGuard Delivery Locations FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
3002 UNDEFINED Job
OPTION YEAR 3 - INCIDENTALS
FFP
(1 Jan 2023 thru 31 Dec 2023) ICE, PAPER PRODUCTS, AND DELIVERY
CHARGES
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
4001 UNDEFINED Job
OPTION YEAR 4 - RATIONS
FFP
(1 Jan 2024 thru 31 Dec 2024) Provide complete meals and/or individual subsistence items to the PA National Guard facilities throughout the State of Pennsylvania. Exact items and quantity will be ordered by an individual delivery order against this contract. See PAARNG Menu Book, PAARNG Rapid Preparation Meal (RPM) Menu Book, Fresh Meal Kits and the Shelf Stable Meal Kits documents for specific meals and items. Delivery Location will be determined by each Delivery Order; See attached -Army National Guard Delivery Locations and Air NationalGuard Delivery Locations FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
4002 UNDEFINED Job
OPTION YEAR 4 - INCIDENTALS
FFP
Products (1 Jan 2024 thru 31 Dec 2024) ICE, PAPER PRODUCTS, AND
DELIVERY CHARGES
FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
5001 UNDEFINED Job
OPTION 5 - RATIONS
FFP
(1 Jan 2025 thru 30 Jun 2025) if required under FAR 52.217-8). Provide complete meals and/or individual subsistence items to the PA National Guard facilities throughout the State of Pennsylvania. Exact items and quantity will be ordered by individual delivery order against this contract. Pricing shall be submitted on the attached -"Consolidated Price List" spreadsheet. See PAARNG Menu Book, PAARNG Rapid Preparation Meal (RPM) Menu Book,Fresh Meal Kits and the Shelf Stable Meal Kits documents for specific meals and items.
Delivery Location will be determined by each Delivery Order; See attached - Army National Guard Delivery Locations.FOB: Destination
UNIT UNIT PRICE MAX AMOUNT
5002 UNDEFINED Job
OPTION 5 - INCIDENTALS
FFP
Products (1 Jan 2025 thru 30 Jun 2025) if required under FAR 52.217-8) ICE, PAPER PRODUCTS, AND DELIVERY CHARGES
FOB: Destination
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
1.00 $3,500.00 20,000,000.00 $20,000,000.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
1.00 $3,500.00 2,000,000.00 $2,000,000.00
CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 1.00 $3,500.00 3,000,000.00 $3,000,000.00 0002 1.00 $0.00 1,000,000.00 $1,000,000.00 1001 1.00 $0.00 3,000,000.00 $3,000,000.00 1002 1.00 $0.00 1,000,000.00 $1,000,000.00 2001 1.00 $0.00 3,000,000.00 $3,000,000.00 2002 1.00 $0.00 1,000,000.00 $1,000,000.00 3001 1.00 $0.00 3,000,000.00 $3,000,000.00 3002 1.00 $0.00 1,000,000.00 $1,000,000.00 4001 1.00 $0.00 3,000,000.00 $3,000,000.00 4002 1.00 $0.00 1,000,000.00 $1,000,000.00 5001 1.00 $0.00 1,500,000.00 $1,500,000.00 5002 1.00 $0.00 500,000.00 $500,000.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
0001 1.00
$3,500.00
1,500,000.00
$1,500,000.00
0002 1.00
500,000.00
$500,000.00
1001 1.00
1002 1.00
2001 1.00
2002 1.00
3001 1.00
3002 1.00
4001 1.00
4002 1.00
5001 1.00
750,000.00
$750,000.00
5002 1.00
250,000.00
$250,000.00
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government 5001 N/A N/A N/A Government 5002 N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JAN-2020 TO
31-DEC-2020
N/A W90LL4 - USPFO FOR PA
DESTINIE MORROW
BLDG 0 48 FISHER AVE
FT INDIANTOWN GAP
ANNVILLE PA 17003-5003
717-861-8230
W90LL4
0002 POP 01-JAN-2020 TO
31-DEC-2020
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-JAN-2021 TO
31-DEC-2021
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-JAN-2021 TO
31-DEC-2021
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-JAN-2022 TO
31-DEC-2022
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-JAN-2022 TO
31-DEC-2022
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-JAN-2023 TO
31-DEC-2023
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-JAN-2023 TO
31-DEC-2023
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-JAN-2024 TO
31-DEC-2024
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-JAN-2024 TO
31-DEC-2024
N/A (SAME AS PREVIOUS LOCATION)
5001 POP 01-JAN-2025 TO
30-JUN-2025
N/A (SAME AS PREVIOUS LOCATION)
5002 POP 01-JAN-2025 TO
30-JUN-2025
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
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
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.216-27 Single or Multiple Awards OCT 1995 52.217-2 Cancellation Under Multiyear Contracts OCT 1997
52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003).
JAN 2019
52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons JAN 2019 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items
MAY 2008
52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture AUG 2018 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations MAY 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.233-3 Protest After Award AUG 1996 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995 52.245-1 Government Property JAN 2017 52.245-2 Government Property Installation Operation Services APR 2012 52.245-9 Use And Charges APR 2012 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-55 F.O.B. Point For Delivery Of Government-Furnished
Property
JUN 2003
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 SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
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
JUN 2013
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy
Property
APR 2012
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (DEVIATION 2018-O0018) (OCT 2018)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase threshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Award will be based on the lowest price, technically acceptable (LPTA) offer in accordance with FAR 15.101-2.
While the Government and the Source Selection Authority will strive for maximum objectivity, the evaluation process, by its nature, is subjective, and therefore, professional judgement is implicit throughout the entire evaluation process.
Noncompliance with the RFP requirements may raise serious questions regarding an offeror’s technical ability, past performance and/or pricing, and may be grounds to eliminate the proposal from consideration for contract award.
Failure to include all information requested may adversely affect the evaluation. Failure to address any factor or any technical subfactor shall be grounds for elimination from evaluation and consideration for award. A proposal which merely reiterates or promises to accomplish the requirements of the RFP will be considered unacceptable. A proposal which is orderly and sufficiently documented will enable the Government to perform a thorough and fair evaluation.
The factors to be considered when determining LPTA are as follows:
Factor 1: Technical. The technical factor is further divided into the following subfactors:
a. Facility Management
b. Products
c. Management
Factor 2: Past Performance
Factor 3: Price
Proposals are evaluated for acceptability, not ranked using non-price factors/subfactors. All non-price factors/subfactors must receive an “acceptable” rating to continue further in the competition.
Technical capability will be evaluated on an acceptable/unacceptable basis. An offeror shall obtain an “acceptable” rating to continue further in the competition. Offerors who are deemed to merit an “unacceptable” rating will be removed from further consideration for award.
Adjectival Rating Description
Acceptable Proposal meets the requirements of the solicitation
Unacceptable Proposal does not meet the requirements of the solicitation
Facility Management: The Government will provide a Government Owned Contractor Operated (GOCO) facility.
Specifically; a 47,093 Square feet Dry/Cold Storage Warehouse, including furnished office space and limited Material Handling Equipment (MHE). To be considered “acceptable” the offeror’s proposal must acknowledge the Government facilities do support the requirements, or state in the proposal the offeror’s proposed course of action (COA), with specific facts, for any action needed to mitigate limitations the current Government facilities present so the offeror can fully support the requirements. Proposal with any COA which entails structural change to the Government facility will not be considered. To be considered “Acceptable” the proposal must demonstrate an understanding of the requirement and capability of fulfilling multiple orders, from the Government facility, with on-time delivery to multiple locations during the same time period. The Government will evaluate the offeror’s understanding of the contract requirements, and determine to what degree they are able to meet contract requirements.
To be considered “Acceptable” the offeror’s proposal will address their specific operational use of the Government facilities. The offeror’s proposal will acknowledge any current Material Handling Equipment (MHE) that is currently located in the Government facility which does not allow the offeror to meet the requirements will require the offeror to supply their own MHE. The offeror’s proposal will acknowledge use of the Government facilities for any other purpose not associated with the contract requirements is unauthorized without the written consent of the KO. This includes, in the event, the offeror has a current existing Government Contract or intent to pursue any other future Government Contract, in which the utilization of the Government facilities associated with this contract requirement could potentially be in the best interest of the Government, it must first be routed through the KO.
Products: To be considered acceptable, the narrative shall demonstrate an offeror’s understanding of the requirements.
Emphasis will be placed on required menu items offered, including any exclusions or exceptions which cannot be fulfilled, quality of offerings in meeting required Federal, State, DoD, or Army standards with regards to brand name/nationally recognizable products, labeling and packaging of products and minimizing waste for delivery locations which have limited storage space. The vendor shall demonstrate knowledge of the USDA/FDA quality programs as follows:
For meat, fish, poultry, and egg products, reference the Food Safety and Inspection Service (FSIS) “Security Guidelines for Food Processors” at the following website:
http://www.fsis.usda.gov/OA/topics/SecurityGuide.pdf.
Information for the transportation and distribution of meat, poultry, and egg products is found at the following website http://www.fsis.usda.gov/oa/topics/transportguide.htm.
For fruits, vegetables, shell eggs, and other food products regulated by the Food and Drug Administration (FDA), reference FDA’s “Food Producers, Processors, and Transporters: Food Security Preventive Measures
Guidance” dated October, 2007 at the following website:
http://www.fda.gov/Food/FoodDefense/FoodSecurity/default.htm.
For dairy, grain, and oilseed products see quality assurance requirements in commodity requirements documents at the following website: https://www.ams.usda.gov/selling-food/product-specs.
Management: To be considered acceptable, the proposal demonstrates the ability to successfully manage ordering and distribution processes necessary to meet contract requirements. Proposal demonstrates acceptable ordering and distributing processes to ensure the ability to accept orders by quantity of meals, break down the menu into required ingredient quantities, timely delivery to all locations identified and replacement for short shipments or rejected items.
Furthermore, the proposal demonstrates availability of qualified key personnel during requirement time periods capable of supporting this requirement
Past Performance: The Government will evaluate the offeror’s record of past and current performance to ascertain the probability of successfully performing the required efforts of the statement of work (SOW).
The past performance evaluation is an assessment of the offeror's probability of meeting the minimum past performance solicitation requirements. This assessment is based on the offeror's record of relevant and current past performance information that pertain to the products and services outlined in the solicitation requirements. The Past Performance evaluation will consider such things as an offeror's business practices, customer relationship, and ability to successfully perform as proposed. In assessing performance confidence, the evaluator may: (1) use data independently obtained from other Government or commercial sources; from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; (2) interview Program/Project Managers or Contracting Officers, or rely upon personal business experience with the offeror; (3) contact references identified in the contractor’s proposal; and (5) consider any information the offeror submits which explains any problems encountered on the identified contract and the offeror's corrective actions. The Government reserves the rights to obtain and evaluate past performance information from any source it deems appropriate.
The evaluation will take into account Past Performance information regarding predecessor companies, key qualified personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. The term “Qualified Personnel” means managers or workers preferably with past experience in a cold storage / refrigerated food warehousing environment.
The evaluation will also consider information provided relative to corrective actions taken to resolve problems on past or existing contracts.
In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or "neutral") past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered acceptable.
If award will be made without conducting discussions, offerors may be given the opportunity to clarify certain aspects of their proposals, e.g., the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond, or to resolve minor clerical errors.
“Current” means performance occurring within the last three (3) years for the period beginning three years prior to the solicitation release date. Within this period, performance occurring later in the period may have greater significance than work occurring earlier in the period.
In assessing “relevancy” of an offeror’s previous contracts, the Government may evaluate an offeror’s past performance for similarity of scope, magnitude of effort and complexity of work performed to those required for the proposed effort. The more relevant the project, the greater confidence there will be in the past performance assessment as a predictor of future performance.
Past Performance Relevancy Ratings
Rating Definition
Very Relevant Past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.
Relevant Past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Somewhat Relevant Past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.
Not Relevant Past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.
Adjectival Rating Description
Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (Neutral).
Unacceptable Based on the offeror’s performance record, the Government does not have a reasonable expectation the offeror will be able to successfully perform the required effort.
Price. All prices submitted on the Pricing Schedule attachment will be evaluated to determine price reasonableness.
In determining the lowest price, the total overall proposed pricing (including options) submitted for the two pricing order models (Annual Training Pricing Model and IDT Pricing Model) will be evaluated.
Prices from the pricing schedule shall be used on the two pricing order models. Any offeror whose pricing proposal is found to include prices on either or both of the two models than what is proposed on the pricing schedule will be eliminated from further consideration of award.
All offers will be analyzed to determine if the prices are unbalanced. Offers may be rejected if it is determined the lack of balance poses an unacceptable risk to the Government.
The Government will examine price proposals for artificially low unit prices. Offers found to be unreasonably high or unrealistically low (an indication of a “buy-in”) may be considered unacceptable and may be rejected on that basis.
The Government reserves the right to obtain additional information concerning the price (cost) as necessary to obtain a better understanding of the price proposed. No proposal revisions will be allowed under these conditions. Request for such information is for clarification purposes only. This does not constitute and shall not be construed as discussions. If a minor clerical error has occurred, the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process. The Contracting Officer in his/her sole discretion may later determine discussions to be necessary or appropriate.
In the event the Government does not award a contract pursuant to this solicitation within 90 calendar days after receipt of proposals and award will be made without discussions, the following will apply: The Government reserves the right to allow offerors to make an adjustment in their price proposals to accommodate cost changes caused by market conditions. The Contracting Officer will notify Offerors, normally by electronic mail (email) of a common closing date for receipt of the adjusted price proposals. No additional proposal revisions will be allowed under these conditions. This does not constitute and shall not be construed as discussions. If a minor clerical error has occurred, in which case the offeror may be given an opportunity to correct the minor error within the constraints of the "clarifications" process or the Contracting Officer in his/her sole discretion later determines discussions to be necessary or appropriate.
Technical and past performance, when combined, are equal in importance to price.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)
ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically 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 (u)) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of…
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