A07.23_RFQ_W913E5-16-T-0013.pdf

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Attached to
Refrigeration Maintenance for Fox Permafrost Tunnel Complex Federal contract opportunity
Solicitation number
W913E5-16-T-0013
Issued by
Department of the Army Corps of Engineers Engineer Research and Development Center

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PR W2R2 COLD RGNS RSCH ENG LAB

ENGINEERING RESOURCES BRANCH

SUPPLY SECTION

72 LYME ROAD

HANOVER NH 03755-1290

TEL: 603-646-4319 FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W913E5-16-T-0013 25-Mar-2016 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

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

Request for Quotations must be completed by the quoter.

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

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

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

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

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

TELEPHONE NO.

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

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

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

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

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

REQUEST NO.

ERDC CONTRACTING OFFICE

HANOVER OFFICE

72 LYME ROAD

HANOVER NH 03755-1290

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

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

06-Apr-2016(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

217-373-7309KIM D ROBERSON

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

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

Section A - Solicitation/Contract Form

POINT OF CONTACTS

CONTRACTOR POC: TBD

CONTRACTING OFFICER’S REPRESENTATIVE: Gary Larsen

(907) 361-3309 Gary.W.Larsen@usace.army.mil

CONTRACTING POC: Kim Roberson – Contract Specialist

(217) 373-3478 Kim.D.Roberson@usace.army.mil

Ashley Jenkins – Contract Officer

(217) 373-7297 Ashley.M.Jenkins@usace.army.mil

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

STARTUP

FFP

Contractor shall start-up Fox Permafrost Tunnel Refrigeration systems IAW the enclosed Performance Work Statement, to be completed no later than 30 May 2016 (or earlier if possible).

FOB: Destination

NET AMT

0002 1 Job

SHUTDOWN

FFP

Contractor shall shutdown Fox Permafrost Tunnel refrigeration system IAW the enclosed Performance Work Statement, not sooner than 15 October 2016 and not later than 15 November 2016.

0003 8 Each

TROUBLE CALLS

FFP

Contractor shall respond to trouble calls and troubleshoot system issues IAW the enclosed Performance Work Statement. The government has estimated that 3-4 trouble calls per system are likely to occur during the performance of this contract.

The contractor shall only be entitled for a trouble call if that service has been rendered.

0004 Job

REPAIRS

COST

Repairs that result from a trouble call will be based on the fixed labor rate, identified below, and the actual cost of parts/materials. IAW the PWS, repair estimates shall be pre-approved by an authorized government representative before commencement of the repair work.

FIXED LABOR RATE: $______________

ESTIMATED COST

1001 1 Job

OPTION STARTUP

FFP

Contractor shall start-up Fox Permafrost Tunnel Refrigeration systems IAW the enclosed Performance Work Statement, to be completed no later than 30 May 2017

1002 1 Job

OPTION SHUTDOWN

FFP

Contractor shall shutdown Fox Permafrost Tunnel refrigeration system IAW the enclosed Performance Work Statement, not sooner than 15 October 2017 and not later than 15 November 2017.

1003 8 Each

OPTION TROUBLE CALLS

FFP

Contractor shall respond to trouble calls and troubleshoot system issues IAW the enclosed Performance Work Statement. The government has estimated that 3-4 trouble calls per system are likely to occur during the performance of this contract.

The contractor shall only be entitled for a trouble call if that service has been

1004 Job

OPTION REPAIRS

COST

Repairs that result from a trouble call will be based on the fixed labor rate, identified below, and the actual cost of parts/materials. IAW the PWS, repair

2001 1 Job

OPTION STARTUP

FFP

Contractor shall start-up Fox Permafrost Tunnel Refrigeration systems IAW the enclosed Performance Work Statement, to be completed no later than 30 May 2018

2002 1 Job

OPTION SHUTDOWN

FFP

Contractor shall shutdown Fox Permafrost Tunnel refrigeration system IAW the enclosed Performance Work Statement, not sooner than 15 October 2018 and not later than 15 November 2018.

2003 8 Each

OPTION TROUBLE CALLS

FFP

Contractor shall respond to trouble calls and troubleshoot system issues IAW the enclosed Performance Work Statement. The government has estimated that 3-4 trouble calls per system are likely to occur during the performance of this contract.

The contractor shall only be entitled for a trouble call if that service has been

2004 Job

OPTION REPAIRS

COST

Repairs that result from a trouble call will be based on the fixed labor rate, identified below, and the actual cost of parts/materials. IAW the PWS, repair

3001 1 Job

OPTION STARTUP

FFP

Contractor shall start-up Fox Permafrost Tunnel Refrigeration systems IAW the enclosed Performance Work Statement, to be completed no later than 30 May 2019

3002 1 Job

OPTION SHUTDOWN

FFP

Contractor shall shutdown Fox Permafrost Tunnel refrigeration system IAW the enclosed Performance Work Statement, not sooner than 15 October 2019 and not later than 15 November 2019.

3003 8 Each

OPTION TROUBLE CALLS

FFP

Contractor shall respond to trouble calls and troubleshoot system issues IAW the enclosed Performance Work Statement. The government has estimated that 3-4 trouble calls per system are likely to occur during the performance of this contract.

The contractor shall only be entitled for a trouble call if that service has been

3004 Job

OPTION REPAIRS

COST

Repairs that result from a trouble call will be based on the fixed labor rate, identified below, and the actual cost of parts/materials. IAW the PWS, repair

4001 1 Job

OPTION STARTUP

FFP

Contractor shall start-up Fox Permafrost Tunnel Refrigeration systems IAW the enclosed Performance Work Statement, to be completed no later than 30 May 2020

4002 1 Job

OPTION SHUTDOWN

FFP

Contractor shall shutdown Fox Permafrost Tunnel refrigeration system IAW the enclosed Performance Work Statement, not sooner than 15 October 2020 and not later than 15 November 2020.

4003 8 Each

OPTION TROUBLE CALLS

FFP

Contractor shall respond to trouble calls and troubleshoot system issues IAW the enclosed Performance Work Statement. The government has estimated that 3-4 trouble calls per system are likely to occur during the performance of this contract.

The contractor shall only be entitled for a trouble call if that service has been

4004 Job

OPTION REPAIRS

COST

Repairs that result from a trouble call will be based on the fixed labor rate, identified below, and the actual cost of parts/materials. IAW the PWS, repair

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

Refrigeration Maintenance for Fox Permafrost Tunnel Complex

Engineering Resources Branch Cold Regions Research and Engineering Laboratory

1. General

1.1 Objective. This Performance Work Statement (PWS) describes needed refrigeration work required by the Engineering Resources Branch (ERB) at the Cold Regions Research and Engineering Laboratory located in Fairbanks, Alaska, hereinafter referred to as CRREL.

1.2 Background. To optimize maintenance and upkeep of the Fox Tunnel complex, ERB requires a variety of recurring maintenance services. The ERB is responsible for the upkeep of the Permafrost Tunnel for CRREL. Studying permafrost science and engineering inside the tunnels is consistent with the ERDCs mission to advance knowledge in cold regions and arctic engineering in support of the Army and the Nation.

2. Scope of Work

The work required will address several recurring maintenance services to the air cooling and filtration systems of the Fox Tunnel complex and on demand trouble calls. These services will include over a 12 month period:

- Filter and oil changes ………………………………………… once annually

- Inspect refrigerant fluid levels and adjust as needed.…….. once annually

- Condition equipment for winter operation..………………….once annually

- Clean work site of debris and spilled fluids………………… once annually

- Respond to trouble calls………………………………………. As needed

- Complete Repairs………………………………………….…... As needed

2.1 Holidays and Leave, Not applicable, no work will be performed during a federal holiday unless a trouble call is initiated

3. Period of Performance

The base period of performance is 16 April 2016 through 15 April 2017, with four (4) one (1) year option periods.

4. Performance Requirements

Task 4.1 Change filters and oil, and equipment startup (between 1–30 May each year)

4.1.1 Use the proper oil grade and filter element

Performance Standards

a) STD: In coordination with the government Contracting Officers Technical Representative (COTR) and the Contracting Officers Representative (COR), the contractor will provide the proper oil lubricants and filter elements to maintain the Fox Tunnel air circulation and refrigeration systems; free of errors/omissions.

AQL: Completes tasks on or before the required date which are free of negligent errors and/or omissions 100% of the time.

4.1.2 Check the refrigerant fluid levels. Adjust the levels as needed, but not exceeding the price allowance included in this contract. If more fluid is needed, the Contractor shall notify the government CORT and the COR. Only after obtaining a contract modification, shall the Contractor add refrigeration fluids that would exceed the allowance set in the base contract.

Performance Standards

a) STD: Coordinate with the COTR and COR as needed when inspecting refrigerant fluid levels. Before adjusting levels, make final coordination with COTR and COR; free of errors/omissions.

AQL: 100% compliance.

Task 4.2 Equipment shutdown (between 15 Oct and 15 Nov each year)

4.2.1 Follow an orderly process to shut down and condition the equipment for winter season inactivity.

Performance Standards

a) STD: Coordinate with the COTR and COR as needed when conducting shut down and conditioning of equipment in preparation for winter season operations. Before adjusting levels, make final coordination with COTR and COR; free of errors/omissions.

AQL: 100% compliance.

4.2.2 Clean work site to remove any debris and fluids that may have spilled during service.

Performance Standards

a) STD: Coordinate with the COTR and COR as needed when cleaning work site to ensure debris and spills are removed.

AQL: 100% compliance.

Task 4.3 Trouble Calls

4.3.1 Government will monitor the tunnel temperatures. Government will ensure that the tunnel interiors are maintained at temperatures not exceeding -5°C/+23° F. If a problem is perceived, the government COTR will contact the Contractor to request they report to the tunnel facility in order to troubleshoot and repair serviced equipment. The service includes troubleshooting any equipment malfunction during warm weather. If the needed repairs are beyond the scope of the original contract, the Contractor will provide a definition of the problem, a cost estimate, and wait until the Contracting Officer awards a contract modification to do the required work under an expanded scope.

Performance Standards

a) STD: The contractor will report to the Fox Tunnel complex within twenty-four (24) hours of a requested trouble call to assess what the problem may be with air circulation and cooling equipment. If work is needed outside the scope of this contract, the contractor will provide the stated details to the COTR within six (6) hours of determining the issues and work needed; free of errors/omissions.

AQL: Completes tasks on or before the required time, which are free of negligent errors and/or omissions 95% of the time.

Task 4.4 Provide needed supplies and materials

4.4.1 The Contractor will provide supplies and materials only to the extent that they do not exceed the scope of the original contract. If a need for additional supplies and materials is demonstrated to the satisfaction of the government COTR, a contract modification will be requested to the Contracting Officer. Only after obtaining a contract modification will the contractor proceed with the purchase and installation of supplies and materials.

Performance Standards

a) STD: Additional materials needed to service the Fox Tunnel outside the original scope of this contract will be requested through the COTR and the contractor shall not begin work prior to.

AQL: Completes tasks timely, which are free of negligent errors and/or omissions 95% of the time.

5. Travel. Travel will not be required in performance of this contract.

6. Government Furnished Facilities, Property and Equipment (GFE/GFP)

The Government will provide all facilities, utilities, equipment and materials necessary to accomplish the “on-site” work.

7. Anti-terrorism and Operational Security Requirements (AT/OPSEC)

7.1 Security Requirements: The location of work performance will be on property owned by Fort Wainwright, but is not on the main cantonment. There is no security access point and the area is not even completely fenced in. There is no specific need for any of the training identified above.

8. Accounting for Contractor Services. The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://cmra.army.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Representative, or Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; 4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language: and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement.

Reporting period will be the period of performance not to exceed 12 months ending 30 September of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

NDAA DATA

UIC To be filled in at the time of award

FSC J041

Contract Number To be filled in at the time of award Contract Fiscal Year 2016 Form of Contract Action To be filled in at the time of award Contract Type Firm Fixed Price PBSA Yes Non-DoD Purchasing Agency (leave blank) Competed Action Small Business Set-Aside After Excl of Sources If Competed, number of offeror’s To be filled in at the time of award

Small Business Yes Small Disadvantaged Business To be filled in at the time of award Women-owned Small Business To be filled in at the time of award DoD Administering Component USA- USACE CRREL, Hanover Contracting Organization USA-USACE CRREL, Hanover

9. Performance Evaluation The contractor’s performance will be evaluated for each task in accordance with the performance metrics outlined in the PRS above.

10. Contracting Officer’s Representative A Contracting Officer's Representative (COR) will be designated and made known to the Contractor in accordance with DFARS 201.602-2 and authorized in writing by the Contracting Officer (KO) to perform specific technical or administrative functions within the scope and limitations of their written appointment. In addition, a Contracting Officer’s Technical Representative (COTR) may be designated to assist the COR and provide technical oversight of the contractor’s performance.

W913E5-16-T-0013

PERFORMANCE REQUIREMENTS SUMMARY: The Contractor service requirements are summarized into performance objectives and on-site work 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.

Performance Objective

PWS

Para

Standard (s) AQL Inspection Method

Incentive /Remedy

Follow Process for Equipment Startup;

and Change Filters and Oil (between 1– 30 May each year)

4.1.1 Contractor shall provide

the proper oil lubricants and filter elements to maintain the Fox Tunnel air circulation and refrigeration systems; free of errors/omissions.

100% compliance

100% COR

Inspection

Re-performance at no additional cost to Government.

Check Refrigerant Fluid Levels

4.1.2 Adjust levels as needed, but not exceeding the price allowance included in this contract. If more fluid is needed, the Contractor shall notify the government CORT and the COR. Only after obtaining a contract modification, shall the Contractor add refrigeration fluids that would exceed the allowance set in the base contract.

100% compliance

100% COR

Inspection

Re-performance at no additional cost to Government.

Follow Process to Shut Down and Condition Equipment for Winter Season Inactivity (between 15 Oct and 15 Nov each year)

4.2.1 Coordinate with the

COTR and COR as needed when conducting shut down and conditioning of equipment in preparation for winter season operations. Before adjusting levels, make final coordination with COTR and COR; free of errors/omissions.

100% compliance

100% COR

Inspection

Re-performance at no additional cost to Government.

Clean Worksite to Remove Any Debris and Fluids That May Have Spilled During

4.2.2 Coordinate with COTR and

COR when cleaning work site to ensure debris and spills are removed.

100% compliance

100% COR

Inspections

Re-performance at no additional cost to the Government

Trouble Calls 4.3.1 The contractor will report to the Fox Tunnel complex within twenty-four (24) hours of a requested trouble call to assess what the problem may be with air circulation and cooling equipment. If work is needed outside the scope of this contract the contractor will provide the stated details to the COTR within six (6) hours of determining the issues and work needed; free of errors/omissions.

Completes tasks on or before the required time, which are free of negligent errors and/or omissions 95% of the time.

100% COR

Inspection

Document deficiency, provide Contractor the opportunity to identify a Corrective Action Plan;

termination or no exercising a renewal option will be at the Contracting Officer’s discretion.

Provide Needed Supplies and Materials

4.4.1 Additional materials

needed to service the Fox Tunnel outside the original scope of this contract will be requested through the COTR prior to the contractor starting any additional work.

Completes tasks timely, which are free of negligent errors and/or omissions 95% of the time.

100% COR

Inspection

Document deficiency, provide Contractor the opportunity to identify a Corrective Action Plan;

termination or no exercising a renewal option will be at the Contracting Officer’s discretion.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 16-APR-2016 TO

17-APR-2017

N/A PR W2R2 COLD RGNS RSCH ENG LAB

ENGINEERING RESOURCES BRANCH

SUPPLY SECTION

72 LYME ROAD

HANOVER NH 03755-1290

603-646-4319

W14GQK

0002 POP 16-APR-2016 TO

15-APR-2017

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 16-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 16-APR-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 16-APR-2017 TO

15-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 16-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 16-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 16-APR-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 16-APR-2018 TO

15-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 16-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 16-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 16-APR-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 16-APR-2019 TO

15-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 16-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 16-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 16-APR-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 16-APR-2020 TO

15-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 16-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 16-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 16-APR-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

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

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

INVOICE ONLY (STAND-ALONE)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

GOVERNMENT

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ Issue By DoDAAC W913E5 Admin DoDAAC W913E5 Inspect By DoDAAC W913E5 Ship To Code W14GQK Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) W913E5 Service Acceptor (DoDAAC) W913E5 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC Contractor Discretion Other DoDAAC(s) Contractor Discretion

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

WAWF Acceptor: Lynn Long, Lynn.C.Long@usace.army.mil

Contracting Officer’s Representative (COR): Gary Larsen, Gary.W.Larsen@usace.army.mil

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Contracting Officer: Ashley Jenkins, Ashley.M.Jenkins@usace.army.mil

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

Section I - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

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

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Oct 2015) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (37)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfdfara.htm

Section K - Representations, Certifications and Other Statements of Offerors

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

OCT 2015

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2016)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

395(c).

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate…

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