SewageSludgeSolicitation.docx
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W91QV1-16-B-0001
Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
CLIN 0001 Sewage Sludge Storage
FFP
See PWS Part 5 Specific Tasks: Section 5.2. Sewage Sludge Storage FOB: Destination
PURCHASE REQUEST NUMBER: 0010793753
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 33 |
| Each |
CLIN 0002 Sewage Sludge Transportation
See PWS Part 5 Specific Tasks: Section 5.3. Sewage Sludge Transportation
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 684 |
| Actual Tons |
CLIN 0003 Sewage Sludge Composting
See PWS Part 5 Specific Tasks: Section 5.4. Sewage Sludge Composting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
CLIN 0004 Reporting
See PWS Part 5 Specific Tasks: Section 5.5 Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
CLIN 0005 Contractor Manpower Reporting
See PWS Part 5 Specific Tasks: Section 5.6. Contractor Manpower Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
CLIN 0006 Phase In Period
See PWS Part 1 General Information: Section 1.6.17 Phase In Period
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| CLIN 1001 Sewage Sludge Storage |
FFP
See PWS Part 5 Specific Tasks: Section 5.2. Sewage Sludge Storage
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 33 |
| Each |
| OPTION |
| CLIN 1002 Sewage Sludge Transportation |
FFP
See PWS Part 5 Specific Tasks: Section 5.3. Sewage Sludge Transportation
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 684 |
| Actual Tons |
| OPTION |
| CLIN 1003 Sewage Sudge Composting |
FFP
See PWS Part 5 Specific Tasks: Section 5.4. Sewage Sludge Composting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| CLIN 1004 Reporting |
FFP
See PWS Part 5 Specific Tasks: Section 5.5 Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
| OPTION |
| CLIN 1005 Contractor Manpower Reporting |
FFP
See PWS Part 5 Specific Tasks: Section 5.6. Contractor Manpower Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| CLIN 2001 Sewage Sludge Storage |
FFP
See PWS Part 5 Specific Tasks: Section 5.2. Sewage Sludge Storage
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 33 |
| Each |
| OPTION |
| CLIN 2002 Sewage Sludge Transportation |
FFP
See PWS Part 5 Specific Tasks: Section 5.3. Sewage Sludge Transportation
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 684 |
| Actual Tons |
| OPTION |
| CLIN 2003 Sewage Sludge Composting |
FFP
See PWS Part 5 Specific Tasks: Section 5.4. Sewage Sludge Composting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| CLIN 2004 Reporting |
FFP
See PWS Part 5 Specific Tasks: Section 5.5 Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
| OPTION |
| CLIN 2005 Contractor Manpower Reporting |
FFP
See PWS Part 5 Specific Tasks: Section 5.6. Contractor Manpower Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| CLIN 3001 Sewage Sludge Storage |
FFP
See PWS Part 5 Specific Tasks: Section 5.2. Sewage Sludge Storage
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 33 |
| Each |
| OPTION |
| CLIN 3002 Sewage Sludge Transportation |
FFP
See PWS Part 5 Specific Tasks: Section 5.3. Sewage Sludge Transportation
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 684 |
| Actual Tons |
| OPTION |
| CLIN 3003 Sewage Sludge Composting |
FFP
See PWS Part 5 Specific Tasks: Section 5.4. Sewage Sludge Composting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| CLIN 3004 Reporting |
FFP
See PWS Part 5 Specific Tasks: Section 5.5 Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
| OPTION |
| CLIN 3005 Contractor Manpower Reporting |
FFP
See PWS Part 5 Specific Tasks: Section 5.6. Contractor Manpower Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| CLIN 4001 Sewage Sludge Storage |
FFP
See PWS Part 5 Specific Tasks: Section 5.2. Sewage Sludge Storage
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 33 |
| Each |
| OPTION |
| CLIN 4002 Sewage Sludge Transportation |
FFP
See PWS Part 5 Specific Tasks: Section 5.3. Sewage Sludge Transportation
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 684 |
| Actual Tons |
| OPTION |
| CLIN 4003 Sewage Sludge Composting |
FFP
See PWS Part 5 Specific Tasks: Section 5.4. Sewage Sludge Composting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| CLIN 4004 Reporting |
FFP
See PWS Part 5 Specific Tasks: Section 5.5 Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
| OPTION |
| CLIN 4005 Contractor Manpower Reporting |
FFP
See PWS Part 5 Specific Tasks: Section 5.6. Contractor Manpower Reporting
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
CLIN 4006 Phase Out Period
See PWS Part 1 General Information: Section 1.6.17 Phase Out Period
NET AMT
INSTRUCTIONS TO BIDDERS
BID OPENING DATE AND TIME. All bids are due by Monday, March 21, 2016 at 10:00 AM Local Time (Fort Belvoir, VA) at:
Mission and Installation Contracting Command 9410 Jackson Loop Building 1425 Ft. Belvoir, VA 22060
No e‐mail or faxed bids in response to this solicitation shall be accepted.
Bids may be hand carried or mailed.
If mailed, please address to:
Mission and Installation Contracting Command ATTN: Franklin F. Gunn 9410 Jackson Loop Building 1425 Ft. Belvoir, VA 22060
If hand carried, please deliver to:
Mission and Installation Contracting Command 9410 Jackson Loop Building 1425 Ft. Belvoir, VA 22060
REQUIRED SUBMITTALS:
In order to be considered for award, a complete bid package shall be received. This package shall consist of:
1. Signed and completed SF 1449 cover page including Blocks 17a (including Telephone Number), 30a, 30b, and 30c.
2. Price – The bidder shall submit a completed Contract Line Item Number (CLIN) schedule to include Unit Price per CLIN, the Amount per CLIN (which equals the quantity multiplied by the unit price), and the Total Price for the base year, option one year, option year two, option year three, and option year four. Finally, submit an Overall Bid Amount. NOTE: For purposes of the Price evaluation only, the Government will evaluate FAR 52.217-8 Option to Extend Services by adding one-half of the price for option year four. The bidder shall not provide a price for the FAR 52.217-8 Option to Extend Services. Evaluation of options will not obligate the Government to exercise the option(s).
3. Completed FAR 52.212‐3 Representations & Certifications or System for Award Management (SAM) Registration pursuant to FAR 52.204-7. The bidder shall be registered in SAM by the date and time of the bid opening.
4. Acknowledgement of receipt of all amendments by signing, dating and submitting all amendments.
SITE VISIT
Addendum to 52.237-1 Site Visit
Additional details are in accordance with FAR Clause 52.237-1 Site Visit. Bidders are highly encouraged to attend the site visit scheduled for Monday, February 29, 2016. However, site visit attendance is not mandatory prior to submitting a bid.
1. SITE VISIT SCHEDULED FOR: 10:00 AM - LOCAL TIME. The address to meet is as follows:
1780 North Market St Frederick, MD 21702
2. For bidders planning on attending the site visit, bidders shall e-mail the following information to the Contract Specialist at Franklin.f.gunn.ctr@mail.mil and the Contracting Officer at Sandra.e.guster.civ@mail.mil NOT LATER THAN Thursday, February 25, 2016, 2:00 PM:
a. The names of no more than TWO individuals that will attend; b. Company name, address and POC phone number; and c. Include the solicitation number in the e-mail.
3. Questions regarding this solicitation shall be emailed and received by the Contract Specialist at Franklin.f.gunn.ctr@mail.mil NOT LATER THAN Tuesday, March 1, 2016, 2:00 PM.
Response to all questions will be only be available by amendment in the Federal Business Opportunities website (www.fedbizopps.gov).
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS) for
Sewage Sludge Transport and Composting
Part 1 General Information
1. GENERAL: This is a non-personal services contract to provide transportation and composting of sewage sludge generated at the Fort Detrick wastewater treatment plant (WWTP). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform sewage sludge storage, transport and composting as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.
1.2. Background: Fort Detrick owns and operates the WWTP for treatment of sanitary wastes generated at the installation. The WWTP accumulates sewage sludge as part of the sanitary treatment activities. Sewage sludge is currently collected and transported to the Fort Detrick municipal landfill for disposal. Upgraded treatment processes at the new enhanced nutrient removal (ENR) WWTP results in increased sewage sludge volume accumulation and disposal.
1.3. Objectives: The objective of this task is to provide storage, transportation and composting of sewage sludge accumulated as part of sanitary waste treatment processes at the Fort Detrick WWTP.
1.4. Scope: The contractor shall provide containers for the storage of sewage sludge accumulated at the Fort Detrick WWTP. The contractor shall provide transportation and composting of Fort Detrick sewage sludge. Composted sewage sludge shall be used for beneficial use (land application and soil amendments) by the composting facility. Fort Detrick will maintain all recycling and waste diversion accounting and credit benefits associated with composting of the sewage sludge.
1.5. Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years.
1.6. General Information
1.6.1. Quality Control: Not Applicable.
1.6.2. Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.6.3. Recognized Holidays:
| New Year’s Day | Labor Day | ||
| Martin Luther King Jr.’s Birthday | Columbus Day | ||
| President’s Day | Veteran’s Day | ||
| Memorial Day | Thanksgiving Day | ||
| Independence Day | Christmas Day |
1.6.4. Hours of Operation: The contractor is responsible for conducting business, between the hours of 7: 00 a.m. to 4:00 p.m. Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6.5. Place of Performance: The work to be performed under this contract will be performed at contractor and government facilities.
1.6.6. Type of Contract: The government will award a firm-fixed price contract.
1.6.7. SECURITY REQUIREMENTS.
1.6.7.1. Information Security: IAW AR 380-5, contractor personnel will execute the NDA through their company and not through the sponsoring DA command. Non-U.S. Government personnel, who have been hired under Civil Service procedures as consultants to the Department of the Army, and granted a DA security clearance or access authorization, in accordance with AR 380-67, will follow the same procedure, for execution of the SF 312, as civilian personnel. Classified information will be protected at all times, either by storage in an approved security container, or having it under the personal observation and physical control of an authorized individual.
1.6.7.2. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.
1.6.7.3. Gate Access Requirements: IAW Army Directive 2014-05 all personnel desiring unescorted access to Fort Detrick will enter the installation through an authorized Access Control Point (ACP) and be vetted using the National Crime Information Center (NCIC) interstate Identification Index (III). The Installation Commander will, in the absence of a waiver deny uncleared contractor, subcontractor and visitors unescorted access to the installation based on the results of the NCIC-III check that contains credible derogatory information. Such derogatory information includes, but is not limited to the following:
· The NCIC III contains criminal arrest information about the individual that causes the installation Commander to determine that individual present a potential threat to the good order, discipline, or health and safety on the installation.
· The Installation is unable to verify the individual’s claimed identity in the attempt to gain access.
· The individual has a current arrest warrant in NCIC, regardless of the offense or violation.
· The individual is currently barred from entry or access to a federal installation or facility.
· The individual has been convicted of crimes encompassing sexual assault, armed robbery, rape, child molestation, production or possession of child pornography trafficking in humans, drug possession with the intent to sell or drug distribution.
· The individual has a US conviction for espionage, sabotage, treason, terrorism or murder.
· The individual is a registered sex offender.
· The individual has a felony conviction within the past 10 years, regardless of the offense or violation.
· The individual has been convicted of a felony firearms or explosives violation.
· The individual has engaged in acts or activities designed to overthrow the U.S. Government by force.
· The individual is identified in the Terrorist Screening Database (TSDB) as known to be or suspected of being a terrorist or belonging to an organization with known links to terrorism or support of terrorist activity.
· Individual is barred from Fort Detrick.
1.6.7.3.1. Access Denial Waiver Process: In case where unclear contractor, subcontractor is denied access based on derogatory information obtained from an NCIC or NCIC III check, the Installation Commander shall offer an Access Denial Wavier Application packet only if the individual request a waiver.
1.6.7.4. Access to Secure Facilities: Special requirements are required to gain access to a secure facility including but not limited to being a US Citizen or documented legal resident alien. Access to secure facilities on Fort Detrick requires coordination with the Contracting Officer’s Representative. Requests for access must be filed 15 days in advance in order to obtain necessary clearances. The Contractor shall provide all required personal data on personnel requiring access with the application. Upon completion of work the contractor shall surrender all issued security passes. Final contract payment will be withheld until all passes have been returned. The contractor is required to work with the Contracting Officer's Representative to meet the individual security requirements for that facility in order to gain access. The normal processing time for access is approximately 14 calendar days from the receipt of a complete vetting form (FD 190-13). Vetting forms must be legible. Incomplete or illegible forms will be returned to the contractor for resubmission and will delay access to the installation.
1.6.7.5. Key Control: Not Applicable.
1.6.7.6. Anti-terrorism Security Requirements: The contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
1.6.7.6.1. Anti-Terrorism level (1) One Training. Not Applicable.
1.6.7.6.2. iWatch Awareness Training. The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided in this PWS by the Fort Detrick ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report on suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees’ commencing performance, with the results reported to the COR no later than 5 calendar days after completion. All training materials can be found at http://www.detrick.army.mil/ready/iwatch.cfm.
1.6.7.7. Operational Security (OPSEC) Requirements. Not Applicable.
1.6.7.7.1. OPSEC Awareness Training. Not Applicable.
1.6.7.7.2. OPSEC SOP. Not Applicable.
1.6.7.8. Industrial Personnel Security: Not Applicable.
1.6.7.9. Information Assurance Requirements: No Information Assurance Requirements.
1.6.8. Special Qualifications: The Contractor must maintain required regulatory certifications for composting of sewage sludge. The Contractor must obtain all permits required for the transportation of sewage sludge from the Fort Detrick WWTP to their composting facility.
1.6.9. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6.10. Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.11. Key Personnel: The following contractor personnel are considered key personnel by the government: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer by the contract start date. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.
1.6.12. Identification of Contractor Employees: When contractor personnel perform the services required in this contract on a Government installation they are required to possess and wear an identification badge that displays his or her name and the name of the Company. The contractor shall ensure that contractor personnel identify themselves as contractors when attending meetings, answering Government telephones, providing any type of written correspondence, or working in situations where their actions could be construed as official Government acts. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.
1.6.13. Contractor Travel: Not Applicable.
1.6.14. Other Direct Costs: Not Applicable.
1.6.15. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
1.6.16. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.6.17. PHASE IN /PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on and off board, during the 5 day Phase in Period / 5 day Phase out Period. During the Phase in Period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.
1.6.18. Safety & Health Requirements. The contractor bears sole responsibility for compliance at all times with Federal, state, and local safety and health laws, regulations, and standards that apply to the work performed under this contract, including the Occupational Safety and Health Act. The contractor shall take all reasonable steps and precautions to maintain compliance with applicable regulations/requirements, prevent accidents, and preserve the health and safety of contractor and government personnel performing or in any way coming in contact with the performance of the work required by this contract. The contractor shall immediately notify the COR of any work related mishaps that involves, or appears that it may involve, fatality, total or partial permanent disability of any employee, inpatient hospitalization of any employee, or property damage over $5,000, regardless of whether such matters involve government or private personnel/property. The contractor shall also notify the COR of any illness or injury that is, or appears that it may be, an OSHA recordable illness/injury as defined by 29 CFR 1904 as soon as reasonably possible, but not later than on the first business day following the day on which the illness/injury occurred, regardless of whether such matters involve government or non-government personnel. The contractor shall investigate all mishaps, illnesses, and injuries, report the results of such investigations, and cooperate with any government investigation of such matters, as requested by the COR.
1.6.19. Sustainable Materials Management (Green Procurement): Federal Agencies are required to purchase items designated under the U.S. Environmental Protection Agency’s (EPA) Comprehensive Procurement Guidelines (CPG) and items designated under the U.S. Department of Agriculture’s (USDA) Biopreferred program. The items listed under the CPG contain recycled content and the items listed under the Biopreferred program are biobased. Procurement of the above listed types of sustainable products is required by statute, Executive Order, and/or Federal Acquisition Regulations. EPA’s CPG is located at: http://www.epa.gov/epawaste/conserve/tools/cpg/index.htm. USDA’s Biopreferred program is located at: http://www.biopreferred.gov/.
1.6.19.1. Executive Order (EO) 13423: (Strengthening Federal Environmental, Energy, and Transportation Management). The contractor shall assist in compliance with this EO through the:
1. Use of products with post-consumer recycled content
1. Use of products that are recyclable
1. Use of low toxicity or non-toxic products
1. Use and installation of low-maintenance products
1.6.19.2 Green Procurement: Section 6002 of the Resource Conservation and Recovery Act of 1976 (RCRA) and Executive Order 13101 requires the use of recycled and recovered products identified in the Environmental Protection Agency’s Comprehensive Procurement Guidelines.
1.6.19.3 The contractor shall use these recycled or recovered products unless they cannot be procured within a reasonable period of time; at reasonable prices; or the product(s) do not meet technical or performance standards. EPA Guidelines are the minimum requirement. The contractor is encouraged to use other materials and products not listed but commonly used in industry.
PART 2
DEFINITIONS & ACRONYMS
2. DEFINITIONS AND ACRONYMS:
2.1. DEFINITIONS:
2.1.1. COMPOSTING. Composting can be defined as ultimately being utilized for beneficial use as a recycled material. Examples of sewage sludge composting are: (1) bulk land application or (2) containerized and used as a soil conditioner.
2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.
2.1.3. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.
2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
2.1.7. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
2.1.8. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
2.1.9. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
2.1.10. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
2.1.11. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
2.1.12. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
2.1.13. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
2.1.14. WORK WEEK. Monday through Friday, unless specified otherwise.
2.2. ACRONYMS:
| AFARS | Army Federal Acquisition Regulation Supplement |
| AR | Army Regulation |
| AT | Antiterrorism |
| ATO | Antiterrorism Officer |
| CFR | Code of Federal Regulations |
| CONUS | Continental United States (excludes Alaska and Hawaii) |
| COR | Contracting Officer Representative |
| DA | Department of the Army |
| DOD | Department of Defense |
| ENR | Enhanced Nutrient Removal |
| FAR | Federal Acquisition Regulation |
| KO | Contracting Officer |
| MDE | Maryland Department of the Environment |
| NDA | Non-disclosure Agreement |
| OCI | Organizational Conflict of Interest |
| ODC | Other Direct Costs |
| OPSEC | Operations Security |
| PIPO | Phase In/Phase Out |
| POC | Point of Contact |
| PRS | Performance Requirements Summary |
| PWS | Performance Work Statement |
| QA | Quality Assurance |
| QASP | Quality Assurance Surveillance Plan |
| QC | Quality Control |
| QCP | Quality Control Plan |
| TE | Technical Exhibit |
| WWTP | Wastewater Treatment Plant |
PART 3
GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES
3. GOVERNMENT FURNISHED ITEMS AND SERVICES:
3.1. Services: Not Applicable.
3.2. Facilities: The Government will provide a location (WWTP headworks facility) for placement of a container for the storage of sewage sludge.
3.3. Utilities: Not Applicable.
3.4. Equipment: Not Applicable.
3.5. Materials: Sewage sludge is monitored annually to determine characteristics of the material. Annual sewage sludge analytical results will be provided by the COR.
3.6. Return of Government Furnished Items: The Contractor may, at any time, return the items it no longer needs for the performance of this PWS; however, returned items will not be replaced by the Government, and the unavailability or lack of the items under these circumstances will not excuse nonperformance, or justify increase in cost to the Government. The Contractor shall notify the Government in writing of its intent to return items.
3.7. Missing, Stolen, Lost, and Recovered Property: The Contractor shall comply with all Government rules and regulations IAW FAR 45.104, Responsibilities, and Liabilities for Government Property. The Contractor shall be held responsible for lost, missing, stolen, damaged, abused (excessive wear and tear), or destroyed items while in the Contractor’s possession. Any damage to government furnished items due to negligence, failure to secure or Contractor caused accidents shall be repaired, and temporary/replacement property acquired, at the cost to the Contractor.
PART 4
CONTRACTOR FURNISHED ITEMS AND SERVICES
4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
4.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.
4.2. Materials: Not Applicable.
4.3. Equipment: The Contractor shall furnace containers for the storage and transport of sewage sludge to meet the requirements under this PWS.
PART 5
SPECIFIC TASKS
5. Specific Tasks:
5.1. Basic Services: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform sewage sludge storage, transportation and composting. Sewage sludge is accumulated at the Fort Detrick WWTP, located in Frederick, Maryland. Based on historical data, it is assumed that the annual volume of sewage sludge accumulated at the Fort Detrick WWTP is 684 wet tons at approximately16 percent solids content.
5.2. Sewage Sludge Storage: The contractor shall provide containers for the storage and transportation of sewage sludge accumulated at the Fort Detrick WWTP. Containers must be capable of being stored within the headworks facility at the WWTP so sewage sludge can be placed within the containers without impacting treatment processes. Past performance indicates a standard 30 cubic yard container is adequate for sludge storage and placement. The contractor shall ensure a continuous availability of storage containers so treatment operations are not impacted.
5.3. Sewage Sludge Transportation: The contractor shall transport sewage sludge from the Fort Detrick WWTP to a composting facility. It is the responsibility of the contractor to obtain all permits required for the transportation of sewage sludge which includes but not limited to Sewage Sludge Utilization Permit from the Maryland Department of the Environment (MDE) for the transportation of the sewage sludge. All storage containers must have the ability to be covered during transportation. The contractor to ensure sewage sludge transportation is conducted pursuant to all Federal, State and local regulations. The contractor must continuously coordinate with Fort Detrick to ensure that storage container pickups are conducted so that treatment operations are not impacted. The contractor shall provide pickup and transportation of sewage sludge within three (3) days of COR notification.
5.4. Sewage Sludge Composting: The contractor shall provide composting of all sewage sludge accumulated at the Fort Detrick WWTP. The sewage sludge shall ultimately be utilized for beneficial use to ensure the material can be designated as a recycled material. Historical monitoring has determined that some metals concentrations are elevated above regulatory limits allowed for composting. The Contractor is responsible for obtaining regulatory approval for composting sewage sludge originating from the Fort Detrick WWTP. The contractor shall provide copies of all regulatory approvals. Annual sewage sludge analytical results will be provided by the COR.
5.5. Reporting: The contractor shall provide monthly written reports to the COR detailing volume of sewage sludge composted by the 10th day of the following month. The reports shall detail that all sewage sludge has been utilized for beneficial use.
5.6. Contractor Manpower Reporting (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Fort Detrick U.S. Army Garrison via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/
The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's 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 shall provide the estimated total cost (if any) incurred to comply with this reporting requirement.
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1through September 30. While inputs may be reported anytime during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil/.
OVERALL BID AMOUNT
SOLICITATION NUMBER W91QV1-16-B-0001
OVERALL BID AMOUNT
1. CLIN 0001through 0006 Total Amount $_____________________________
2. CLIN 1001through 1005 Total Amount $_____________________________
3. CLIN 2001 through 2005 Total Amount $_____________________________
4. CLIN 3001 through 3005 Total Amount $_____________________________
5. CLIN 4001 through 4006 Total Amount $_____________________________
Overall Bid Amount/Total $_______________________________________
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
| 0006 |
| Destination |
| Government |
| Destination |
| Government |
| 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 |
| 4006 |
| Destination |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 0001 |
| POP 29-APR-2016 TO |
28-APR-2017
| N/A |
| W3HV USA GARRISON FT DETRICK |
W3HV USA GARRISON FT DETRICK
9200 VETRANS DRIVE
FREDERICK MD 21702-5035
301-619-7666
W23J51
| 0002 |
| POP 29-APR-2016 TO |
28-APR-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 0003 |
| POP 29-APR-2016 TO |
28-APR-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 0004 |
| POP 29-APR-2016 TO |
28-APR-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 0005 |
| POP 29-APR-2016 TO |
28-APR-2017
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 0006 |
| POP 24-APR-2016 TO |
29-APR-2016
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 1001 |
| POP 29-APR-2017 TO |
28-APR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 1002 |
| POP 29-APR-2017 TO |
28-APR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 1003 |
| POP 29-APR-2017 TO |
28-APR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 1004 |
| POP 29-APR-2017 TO |
28-APR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 1005 |
| POP 29-APR-2017 TO |
28-APR-2018
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 2001 |
| POP 29-APR-2018 TO |
28-APR-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 2002 |
| POP 29-APR-2018 TO |
28-APR-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 2003 |
| POP 29-APR-2018 TO |
28-APR-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 2004 |
| POP 29-APR-2018 TO |
28-APR-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 2005 |
| POP 29-APR-2018 TO |
28-APR-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 3001 |
| POP 29-APR-2019 TO |
28-APR-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 3002 |
| POP 29-APR-2019 TO |
28-APR-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 3003 |
| POP 29-APR-2019 TO |
28-APR-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 3004 |
| POP 29-APR-2019 TO |
28-APR-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 3005 |
| POP 29-APR-2019 TO |
28-APR-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 4001 |
| POP 29-APR-2020 TO |
28-APR-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 4002 |
| POP 29-APR-2020 TO |
28-APR-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 4003 |
| POP 29-APR-2020 TO |
28-APR-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 4004 |
| POP 29-APR-2020 TO |
28-APR-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 4005 |
| POP 29-APR-2020 TO |
28-APR-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
| 4006 |
| POP 23-APR-2021 TO |
28-APR-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
W23J51
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 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 |
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.212-1 |
| Instructions to Offerors--Commercial Items |
| OCT 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 52.214-3 |
| Amendments To Invitations For Bids |
| DEC 1989 |
| 52.214-4 |
| False Statements In Bids |
| APR 1984 |
| 52.214-5 |
| Submission Of Bids |
| MAR 1997 |
| 52.214-6 |
| Explanation To Prospective Bidders |
| APR 1984 |
| 52.214-7 |
| Late Submissions, Modifications, and Withdrawals of Bids |
| NOV 1999 |
| 52.214-10 |
| Contract Award--Sealed Bidding |
| JUL 1990 |
| 52.214-34 |
| Submission Of Offers In The English Language |
| APR 1991 |
| 52.214-35 |
| Submission Of Offers In U.S. Currency |
| APR 1991 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-10 |
| Waste Reduction Program |
| MAY 2011 |
| 52.224-1 |
| Privacy Act Notification |
| APR 1984 |
| 52.224-2 |
| Privacy Act |
| APR 1984 |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| OCT 2015 |
| 52.228-5 |
| Insurance - Work On A Government Installation |
| JAN 1997 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-23 |
| Assignment Of Claims |
| MAY 2014 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.237-1 |
| Site Visit |
| APR 1984 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 52.237-3 |
| Continuity Of Services |
| JAN 1991 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-25 |
| Limitation Of Liability--Services |
| FEB 1997 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7004 |
| Display of Fraud Hotline Poster(s) |
| OCT 2015 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7006 |
| Wide Area WorkFlow Payment Instructions |
| MAY 2013 |
| 252.232-7007 |
| Limitation Of Government's Obligation |
| APR 2014 |
| 252.245-7002 |
| Reporting Loss of Government Property |
| APR 2012 |
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)
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 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 (p) 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 or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and…
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