W91QF0-17-T-7848_NSS_LODGING_17-21.doc
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Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Base Year
FFP
NSS Lodging Rooms, Sunday Night, 6/4/2017. Base Year 2017
FOB: Destination
PURCHASE REQUEST NUMBER: 0010967848-0001
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Base Year
NSS Lodging Rooms, Monday Night, 6/5/2017. Base Year 2017
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Base Year
NSS Lodging Rooms, Tuesday Night, 6/6/2017. Base Year 2017
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Base Year
NSS Lodging Rooms, Wednesday Night, 6/7/2017. Base Year 2017
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Service Area, Base Year
Service Area, Sunday, June 4 2017, Base Year 2017
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 1
NSS Lodging Rooms, Sunday Night 6/3/2018 Option Year 1 2018
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 1
NSS Lodging Rooms, Monday Night, 6/4/2018. Option Year 1 2018
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 1
NSS Lodging Rooms, Tuesday Night, 6/5/2018. Option Year 1 2018
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 1
NSS Lodging Rooms, Wednesday Night, 6/6/2018. Option Year 1 2018
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Service Area, Option Yr 1
Service Area, Sunday, June 3 2018, Option Yr 1 2018.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 2
NSS Lodging Rooms, Sunday Night 6/2/2019. Option Year 2 2019
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 2
NSS Lodging Rooms, Monday Night, 6/3/2019. Option Year 2 2019
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 2
NSS Lodging Rooms, Tuesday Night, 6/4/2019. Option Year 2 2019
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 2
NSS Lodging Rooms, Wednesday Night, 6/5/2019. Option Year 2 2019
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Service Area, Option Yr 2
Service Area, Sunday, June 2 2019, Option Yr 2 2019.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 3
NSS Lodging Rooms, Sunday Night, 5/31/2020. Option Year 3 2020
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 3
NSS Lodging Rooms, Monday Night, 6/1/2020. Option Year 3 2020
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 3
NSS Lodging Rooms, Tuesday Night, 6/2/2020. ?ÿOption Year 3 2020
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 3
NSS Lodging Rooms, Wednesday Night, 6/3/2020. Option Year 3 2020
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Service Area, Option Yr 3
Service Area, Sunday, May 31 2020, Option Yr 3 2020.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 4
NSS Lodging Rooms, Sunday Night, 6/6/2021. Option Year 4 2021
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 4
NSS Lodging Rooms, Monday Night, 6/7/2021. Option Year 4 2021
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 4
NSS Lodging Rooms, Tuesday Night, 6/8/2021. Option Year 4 2021
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 160 |
| Each |
NSS Lodging Contract, Option Yr 4
NSS Lodging Rooms, Wednesday Night, 6/9/2021. Option Year 4 2021
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Service Area, Option Yr 4
Service Area, Sunday, June 6, 2021, Option Yr 4 2021.
NET AMT
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT
U.S. ARMY WAR COLLEGE, SCHOOL OF STRATEGIC LANDPOWER
LODGING REQUIREMENTS
COMMANDANT’S NATIONAL SECURITY SEMINAR (NSS)
18 NOVEMBER 2016
PROCUREMENT SENTITIVE
1. Introduction. This Performance Work Statement (PWS) is for lodging in the Carlisle area to support the lodging needs of the U.S. Army War College (USAWC), National Security Seminar (NSS), Carlisle Barracks, for Academic Years 2017 to 2021.
2. Contractor provided services and equipment:
a. The USAWC requires a total of 160 lodging rooms meeting all of the specifications below including the proximity specification to the USAWC. The USAWC is willing to contract with two or three facilities to accomplish the total goal. Preference may be given by number of rooms quoted and/or total price. The Contractor shall provide 40 to 100 individual guest rooms which conform to the following specifications:
(1) Pricing shall be at or below the published GSA per diem rate for the specified time period.
(2) Meet all statutory Government requirements, i.e., handicap accessibility, per USC 42, Chapter 126, Subchapter III, Sections 12181-12183.
(a) Appropriate rails for wheelchair access as required.
(b) Door opening technology for wheelchair access.
(c) Elevator for building with three stories or more.
(d) Design that enables usability and accessibility of individuals with disabilities to areas of the facility containing a primary function such as bathrooms, telephones, and drinking fountains.
(3) Located in a safe area with appropriate security to include door bolt lock, peephole, lighting at external entries and along hallways, and 24-hour attendant(s) at the front desk.
(4) Private bath and shower.
(5) Two double beds, or one queen size, or one king size bed with at least
130 square feet of floor space.
(6) Central air conditioning or individually controlled room heater/air conditioners (fans or window air conditioner units will not satisfy this requirement.)
(7) Color television with basic tier cable or satellite service at no additional charge.
(8) Telephone with access to local and toll free numbers at no additional charge. Service will be continually available.
(9) Broadband internet service available in each guest room through either wireless (WiFi) or wired Ethernet Outlet. (Dial-up internet service will not fulfill this requirement.)
(10) Refrigerator and microwave available in each guest room.
(11) Late checkout (1 PM) on the last day at no additional cost.
(12) Rooms must be suitable for nationally distinguished civilian and military guests. The hotel property and rooms shall meet or exceed industry standards for cleanliness and décor. Furniture, fixtures, and linens shall not be at the end of its life cycle, showing worn or shabby appearance.
(13) Hotel security procedures and methods shall be discussed with the government security representative as necessary.
(a) The hotel's designated Security Manager shall cooperate with USAWC personnel in the conduct of a Risk Assessment two weeks prior to the stay if deemed necessary by USAWC. The Risk Assessment involves the analysis of the hotel's preparation and readiness to prevent and respond to emergencies. These emergencies include crime, fire, medical, shelter-in-place and evacuation procedures.
(b) Contracted Hotel and its employees shall not disseminate any Privacy Act data pertaining to Government personnel that is obtained or generated in the performance of this contract. This includes dissemination of protocols and papers not generally available through the public literature.
(c) Operations security will be performed by hotel staff. This means that the hotel staff will not discuss or advertise to the public that the US Army War College students, staff, and personnel are staying at the hotel. In addition, operations associated with this stay will not be discussed outside of the hotel unless the person or business have a valid need to know in order to provide support or service for the stay.
(d) Safety Requirements. The contractor shall comply with all applicable federal, state and local safety regulations and ensure all customers are provided with a secured and safe environment. The contractor shall be responsible for ensuring that their employees are familiar with and follow normal safety precautions typical in the work environment.
(14) Exact dates are listed below. Hotel Accommodation Dates specified by Academic Year (AY):
DATES:
AY17 -- 4-7 June 2017
AY18 -- 3-6 June 2018
AY19 -- 2-5 June 2019
AY20 – 31 May-3 June 2020
AY21 -- 6-9 June 2021
b. A multi-functional team from the USAWC will inspect the facility to the above standards prior to award. Non-conformance in any specification will be grounds for rejection of the offer.
c. The hotel must:
(1) Be located within a three and a half mile radius of Carlisle Barracks.
(2) Provide service area in lobby (or immediately adjacent room marked with facility-provided signs) to permit USAWC Reception Desk personnel to have ease of contact with arriving guests. Facility will provide two six-foot-long tables and two chairs.
(3) Offer free continental breakfast to include at a minimum:
(a) Freshly brewed coffee (regular/decaf) and hot tea
(b) Chilled fruit juices and milk
(c) Fresh fruit
(d) Cold cereals, yogurt
(e) Assorted Danish
(f) Bagels, toast
(g) Hot item(s) which may include eggs and a bread product (French toast, waffle, pancake, etc), and a meat (bacon, sausage, ham, chipped beef gravy, etc.).
d. The Contractor shall permit the Government to release rooms to the contractor by 1:00 p.m. each day during the contract period, thereby relieving the Government of any obligation to pay for the rooms.
e. The Contractor shall provide assigned room numbers to the U.S. Army War College representative not later than three days prior to arrival of guests.
3. The Government will do the following:
a. Provide to the Contractor a list of attendees two weeks prior to the arrival of guests for the event. The list of attendees will be updated as needed and provided to the Contractor.
b. Compensate the Contractor for rooms occupied during the event as indicated in the individual contract line items (CLIN’s). The Government will NOT pay for rooms reserved prior to the event for those arriving early, or reserved after the event for those departing late. The Contractor shall bill the individual guests for rooms occupied on those days.
4. Billing and Invoicing:
a. This contract does not include personal items or services ordered by conference attendees. Any additional costs charged to the room (e.g. phone service, room service, etc.) shall be charged directly to the person occupying the room not to the contract.
b. The Government reserves the right to increase or decrease the quantities by no more than 15 percent at any time. The Government will compensate the Contractor only for rooms actually occupied.
c. The Contractor shall provide an itemized invoice that includes at a minimum the name of the guest and the billable room nights for that guest.
d. The Contractor shall bill associated hotel parking fees, if any, directly to the guest.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
| 1001 |
| Destination |
| Government |
| Destination |
| Government |
| 1002 |
| Destination |
| Government |
| Destination |
| Government |
| 1003 |
| Destination |
| Government |
| Destination |
| Government |
| 1004 |
| Destination |
| Government |
| Destination |
| Government |
| 1005 |
| Destination |
| Government |
| Destination |
| Government |
| 2001 |
| Destination |
| Government |
| Destination |
| Government |
| 2002 |
| Destination |
| Government |
| Destination |
| Government |
| 2003 |
| Destination |
| Government |
| Destination |
| Government |
| 2004 |
| Destination |
| Government |
| Destination |
| Government |
| 2005 |
| Destination |
| Government |
| Destination |
| Government |
| 3001 |
| Destination |
| Government |
| Destination |
| Government |
| 3002 |
| Destination |
| Government |
| Destination |
| Government |
| 3003 |
| Destination |
| Government |
| Destination |
| Government |
| 3004 |
| Destination |
| Government |
| Destination |
| Government |
| 3005 |
| Destination |
| Government |
| Destination |
| Government |
| 4001 |
| Destination |
| Government |
| Destination |
| Government |
| 4002 |
| Destination |
| Government |
| Destination |
| Government |
| 4003 |
| Destination |
| Government |
| Destination |
| Government |
| 4004 |
| Destination |
| Government |
| Destination |
| Government |
| 4005 |
| Destination |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| POP 04-JUN-2017 TO |
08-JUN-2017
| N/A |
| W2H6 SCH USA WAR COLLEGE |
W2H6 SCH USA WAR COLLEGE
INSTALLATION PROPERTY BOOK OFFICE
323 ENGINEER AVE CARLISLE BARRACKS
CARLISLE PA 17013-5057
703-805-3200
W25BDX
| 0002 |
| POP 04-JUN-2017 TO |
08-JUN-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 0003 |
| POP 04-JUN-2017 TO |
08-JUN-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 0004 |
| POP 04-JUN-2017 TO |
08-JUN-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 0005 |
| POP 04-JUN-2017 TO |
08-JUN-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 1001 |
| POP 03-JUN-2018 TO |
07-JUN-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 1002 |
| POP 03-JUN-2018 TO |
07-JUN-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 1003 |
| POP 03-JUN-2018 TO |
07-JUN-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 1004 |
| POP 03-JUN-2018 TO |
07-JUN-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 1005 |
| POP 03-JUN-2018 TO |
07-JUN-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 2001 |
| POP 02-JUN-2019 TO |
06-JUN-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 2002 |
| POP 02-JUN-2019 TO |
06-JUN-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 2003 |
| POP 02-JUN-2019 TO |
06-JUN-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 2004 |
| POP 02-JUN-2019 TO |
06-JUN-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 2005 |
| POP 02-JUN-2019 TO |
06-JUN-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 3001 |
| POP 31-MAY-2020 TO |
04-JUN-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 3002 |
| POP 31-MAY-2020 TO |
04-JUN-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 3003 |
| POP 31-MAY-2020 TO |
04-JUN-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 3004 |
| POP 31-MAY-2020 TO |
04-JUN-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 3005 |
| POP 31-MAY-2020 TO |
04-JUN-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 4001 |
| POP 06-JUN-2021 TO |
10-JUN-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 4002 |
| POP 06-JUN-2021 TO |
10-JUN-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 4003 |
| POP 06-JUN-2021 TO |
10-JUN-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 4004 |
| POP 06-JUN-2021 TO |
10-JUN-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
| 4005 |
| POP 06-JUN-2021 TO |
10-JUN-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W25BDX
CLAUSES INCORPORATED BY REFERENCE
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.217-6 |
| Option For Increased Quantity |
| MAR 1989 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.215-7008 |
| Only One Offer |
| OCT 2013 |
| 252.225-7031 |
| Secondary Arab Boycott Of Israel |
| JUN 2005 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)
(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 $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) 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) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(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)
FAR 52.212-1 ADDENDUM
52.212-1 -- Instructions to Offerors -- Commercial Items (Addendum)
This solicitation (W91QF0-17-T-7848) is issued to establish one (1) or more Firm Fixed Price Purchase Order(s) for a contractor to supply hotel/lodging accomodations in accordance with the Description/Specifications. The Purchase Order will be for one (1) Base Period plus three (4), four (4) day, Option Periods.
The Government reserves the right to modify the Description/Specifications as required. This may be in the form of general reductions or cancellation of requirement. Reductions or changes of effort shall be negotiated with the contractor.
Quantities listed as “EACH” are realistic estimated quantities. These estimates are not a representation that the estimated quantity will be required or ordered, or that the conditions affecting requirements will be stable or normal. Quantities shown are for quote purposes only. Payment will be made for the actual quantity used, not to exceed this amount. If quantities described as estimated are not required by the government, such an event shall not constitute the basis for an Equitable Price Adjustment under the contract.
All vendors and prospective department of defense contractors must be registered in the System for Award Management (SAM) at https://www.sam.gov prior to submitting a quote for this solicitation.
Submittal and Inquiries.
1. Quotes shall be submitted prior to the closing date and time identified on the solicitation.
2. Quotes shall be submitted only electronically through email with confirmed receipt. Quotes shall be submitted to Mr. Larry L. Brown, Contract Administrator at larry.l.brown9.civ@mail.mil and Mr. Kevin Kauffman, Contracting Officer at kevin.l.kauffman.civ@mail.mil. Electronic submissions by facsimile will NOT be accepted. Please note, the Government contracting office building is closed on Holidays and Weekends.
3. The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer via the Contract Administrator. Address all questions or concerns the quoter may have to the Contract Administrator, Mr. Larry L. Brown at larry.l.brown9.civ@mail.mil and Contracting Officer, Mr. Kevin Kauffman at kevin.l.kauffman.civ@mail.mil. All questions regarding this RFQ shall be submitted in writing via email. The deadline for all questions is March 22, 2017. Any questions received after this deadline shall not be answered.
General Instructions
1. The selection of a source for award purposes will be conducted utilizing source selection procedures as delineated in FAR Part 12 (Acquisition of Commercial Items) and FAR Part 13 (Simplified Acquisition Procedures). Quotes will be evaluated using the criteria under FAR Clause 52.212-2 Evaluation-Commercial Items with Addendum.
2. The Quote. The submission of the documentation specified below will constitute the quoter’s acceptance of the terms and conditions of the RFQ, concurrence with the specifications, and contract type.
3. Instructions outlined in Quote Preparation Instructions below prescribe the format for the quote and describe the approach for the development and presentation of quote data. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotes. It is the Government’s intention to award without discussions. Quoters are encouraged to present their best technical quote and prices in their initial quote submission.
4. If a quoter believes the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the quoter shall immediately notify the Contracting Officer (KO) in writing with supporting rationale. Quoters are reminded that the Government reserves the right to award this effort based on the initial quote, as received, without discussion.
5. In accordance with FAR Subpart 4.8 (Government Contract Files), the Government will retain one copy of all unsuccessful quotes. Unless the quoter requests otherwise, the Government will destroy extra copies of such unsuccessful quotes.
6. The Government may award multiple contracts as a result of this single solicitation.
Quote Preparation Instructions Quoters are required to submit a completed solicitation (including acknowledgment of Amendments). All final monetary extensions shall be in whole dollars only. Failure to follow the below Contract Quote Preparation Instructions may cause your quote to be deemed unacceptable by the Government.
1. Quotes shall consist of three (3) volumes as indicated below.
2. Quote Format
(a) Quoters shall submit quotes via email. Upon receipt of electronic submissions Contract Administrator or Contracting Officer will acknowledge the quotes were received with a confirmation email; however, time is based on actual quote submission not on confirmation email. It is the responsibility of the quoter to ensure electronic submissions were properly sent and a confirmation email is received.
(b) Quoters shall submit their quote IAW the below.
QUOTE SUBMISSION
Information submitted by quoters will be used in accordance with FAR clause 52.212-2 “Evaluation-Commercial Items” to evaluate the subject quote according to the evaluation criteria set forth in the RFQ.
Volume 1:
This section shall include all other information to include acknowledgement(s) and signed amendment(s) for all RFQ amendments, Representation & Certification, Exceptions and any other information not applicable to Volume II or III.
Volume 2:
Technical Quote: The technical quote shall be specific, detailed, and complete to clearly and fully demonstrate your understanding of the proposed work. No price or cost information is to be included in the technical quote.
Volume 3:
a. Price Quote - The goal of this RFQ is to obtain accommodations on one (1) or more Firm Fixed Price contract(s), with bottom line prices annotated on the quote schedule. Quoters will submit total proposed price for completing required work inclusive of all costs associated with this requirement. Price shall be evaluated using price analysis techniques to determine price reasonableness.
b. PRICE RE-DETERMINATION FOR NEW PER DIEM RATES FOR LODGING
The Joint Travel Regulation (JTR) limits payments for lodging to a maximum published rate for each locality, which are adjusted periodically. The published per diem rate for the Washington, DC area for the time period in which the event takes place shall prevail.
This contract requires lodging for a Period of Performance as stated in the Solicitation with stated Option Years. The unit prices for the single occupancy room and/or suites lodging only line items stated in this contract can be re-determined in accordance with this clause, only if a written request of the contractor is received by the Contracting Officer, at least 30 days prior to performance. No other unit prices for rooms or non-lodging line items shall be re-determined.
These single occupancy room and/or suite lodging unit prices can be adjusted to reflect changes in the per diem rates as published by GSA. The unit price for each single occupancy room or suite line items can be adjusted, by the difference between the JTR Per Diem which will be in effect at time of performance and the JTR Per Diem in effect at time of quote.
NOTE: Third Party quotes will NOT be accepted.
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
See 52.212-2 Addendum
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
FAR 52.212-2 ADDENDUM
52.212-2 -- Evaluation -- Commercial Items.
Evaluation -- Commercial Items (Addendum)
B. BASIS OF AWARD-EVALUATION
GENERAL INFORMATION
1. Award will be made to quoter(s) deemed responsible in accordance with the Federal Acquisition Regulation (FAR), whose quote conforms to the solicitation requirements, and whose quote, judged by an overall assessment of the evaluation criteria and other considerations specified in this solicitation, represents the Lowest Price Technically Acceptable with acceptable past performance.
2.
Trade-offs between cost/price and non-cost/price factors are not permitted. Unreasonably high/unrealistically low, unbalanced, inaccurate or incomplete price quotes may be the grounds for eliminating a quote from competition.
3.
The Government will evaluate quoted prices for reasonableness using price analysis techniques as described in FAR 13.106-3. Quoted prices evaluated as unreasonable may be grounds for eliminating a quote from competition. The Government may use one or more price analysis techniques to evaluate price. Through these techniques the Government will determine whether prices are reasonable, complete and balanced. Unreasonably high or low quoted prices may be grounds for eliminating a quote from competition either on the basis that the quoter does not understand the requirement or the quoter has made an unreasonable quote.
4.
Award for All of the Work. The Government intends to award one (1) or more Firm Fixed Price contract(s) as a result of this solicitation. The Government intends to evaluate quotes and award contract(s) without discussions with quoters. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.
5. As part of the evaluation, a multifunction team from the US Army War College (USAWC) may visit to visually inspect the facility according to the specifications listed in the PWS.
EVALUATION CRITERIA
1. The quotes will be evaluated under two (2) evaluation factors: Technical Acceptability and Price.
Factor 1: Technical Acceptability
Factor 2: Price
2. Factor 1: Technical Quote
A technical quote is required from all quoters and shall be provided with the quote. The contents of the technical quote shall be directly aligned with the qualifications enumerated in the Description/Specifications.
The following factors shall be used to evaluate quotes:
Factor 1 -Technical. Technical capability of the product/services quoted to meet the Government's requirement aligned with the measurable qualifications in the Description/Specifications.
Assigning Ratings. The Technical Acceptability Factor will be assigned one of the ratings defined below. Note: Failure to meet any one (1) of the specified technical factors will result in the quote being deemed technically unacceptable.
Technical Quote Acceptability
| Rating |
| Description |
| Acceptable |
| Quote clearly meets the minimum requirements of the solicitation. |
| Unacceptable |
| Quote does not clearly meet the minimum requirements of the solicitation. |
(a) A written notice of award or acceptance of a quote electronically furnished to the successful quoter within the time for acceptance specified in the quote shall result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
Factor 2 - Price. Price will not be scored or rated. Evaluation of price will be performed using one or more price analysis techniques. Through these techniques the Government will determine whether prices are reasonable, complete and balanced.
(a) Unbalanced Pricing may be evaluated to assess potential performance risk which could result in unreasonably high prices.
(b) Definitions.
Reasonableness. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. 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 --
“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“Civil judgment” means—
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
“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.
“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance
Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(v) The Family and Medical Leave Act; and
(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
"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).
“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
“Labor laws” means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of
``labor laws''.
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“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…
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