Inactive Total Small Business Set-Aside (FAR 19.5)

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice. This an... (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) This solicitation document, H92239-19-Q-0001, is issued as a Request for Quote (RFQ). (iii) This solicitation document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-100, effective August 22, 2018. (iv) This requirement is 100% set-aside for total Small Businesses and only qualified vendors may submit quotes. Quotes received from other than small business will be rejected. The North American Classification System (NAICS) code is 811310, "Commercial and Industrial Machinery and Equipment Repair and Maintenance", with a size standard of $7,500,000 dollars. This solicitation is issued under Federal Acquisition Regulation (FAR) Part 13, Simplified Acquisition Procedures for Certain Commercial Items and FAR Part 12. (v) Prices shall be listed for each Contract Line Item Number (CLIN) of this RFQ. The following is a list of the associated CLINs: ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0001 1 Each Annual Maintenance Inspection/ Parts FFP Base Period: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 0002 1 Job $20,000.00 (Not to Exceed) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Base Period: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1001 1 Each Annual Maintenance Inspection/ Parts FFP Option Period One: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 1002 1 Job $20,600.00 (NTE) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Option Period One: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2001 1 Each Annual Maintenance Inspection/ Parts FFP Option Period Two: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 2002 1 Job $21,218.00 (NTE) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Option Period Two: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3001 1 Each Annual Maintenance Inspection/Parts FFP Option Period Three: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 3002 1 Job $21,855.00 (NTE) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Option Period Three: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4001 1 Each Annual Maintenance Inspection/Parts FFP Option Period Four: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to perform annual inspections in accordance with the terms and conditions of the contract, and each specific Performance Work Statement specifications for four (4) Bauer Air Compressors and (2) Bauer Seccant-IV filtration Systems. Parts that need to be replaced due to fair wear and tear such as O rings, filters and lubricants are included in this CLIN and must be replaced during the annual maintenance inspections. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT 4002 1 Job $22,510.00 (NTE) As-Needed Repairs (Emergency and Non-Emergency) Cost Reimbursable Option Period Four: The Contractor shall provide all parts, labor, tools, equipment, materials, supervision, and storage necessary to complete all needed repairs in accordance with the terms and conditions of the contract, and the Performance Work Statement. This CLIN covers emergency and non-emergency repair requests and associated travel as delineated in PWS 5.5.1. All travel costs submitted on invoices must be in accordance with the Joint Travel Regulation (JTR). Any work done under this CLIN must be approved by the Contracting Officer in writing prior to performing any services. Provide Hourly Repair Rate__________ (vi) This requirement provides annual maintenance services and as-needed repairs of Bauer Air Compressors. The required services will be performed on four (4) Bauer Air Compressor Units and two (2) Seccant Filtration Systems. The annual maintenance will be performed once per year. (vii) Services shall be performed at the United States Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) Dive School in Key West, Florida. The period of performance consists of a base period of twelve (12) months and four (4) one-year options. Performance is estimated to begin on/around 10 February 2019. (viii) The provision at FAR 52.212-1, Instruction to Offerors- Commercial Items, applies to this acquisition. FAR 52.212-1 ADDENDUM 52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS ADDENDUM 1) Replace paragraph (b) entitled "Submission of Offerors" with the following instructions: (b) Submission of Quotes. Submit signed and dated quote at or before the date specified in this solicitation. Failure to provide all required documents or information may exclude the Vendors from further consideration. Only signed quotes submitted will be accepted. Quotes shall be submitted electronically to Mrs. Rochene Carroll, Contract Specialist, rochene.carroll@socom.mil and Mr. Justin Burke, Contracting Officer, justin.burke@socom.mil. This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to Federal Business Opportunities (FBO) at www.fbo.gov . It is the responsibility of each vendor to review the webpage for notice of amendments, updates, or changes to current information. All inquiries during the solicitation phase should be directed to the Procuring Contracting Officer (PCO) Mr. Justin Burke at justin.burke@socom.mil and courtesy copy (cc:) Contract Specialist, Mrs. Rochene Carroll, rochene.carroll@socom.mil Vendors are requested to review the solicitation and submit only written questions and/or comments with email subject line reference: Ref: Annual Air Compressor/Seccant Filtration Maintenance/repair Support H92239-19-Q-0001. All questions must be submitted no later than Tuesday, 15 January 2019 at 4:00 P.M. EST. to allow a reasonable time for the Government to respond. All quotes are due no later than Tuesday, 22 January 2019 at 4:00 PM EST. The quote shall be no more than 5 pages (8.5 x 11 inch paper, Times New Roman, 10 font minimum, MS Word 2010 or earlier) and must contain the following: TAB A-Factor 1: Technical Capability: The Vendor shall provide: i. Subfactor 1: Permits/Certifications/Registrations: The Vendor shall provide valid proof of its factory authorization with Bauer Compressor, Incorporation to be an authorized Bauer Compressor, Inc. sales and service distributors. Any presented certifications shall NOT count against the page limit. ii Subfactor 2: Technical Understanding. The Vendor shall provide a narrative that demonstrates its understanding to meet the requirements in accordance with the Performance Work Statement (PWS) for this contract. To demonstrate this, the contractor shall discuss the following: a. Discuss its capability to provide the requested service maintenance/inspection on Air Compressors and Seccant Filtration systems. b. Discuss its plan to meeting the Government's emergency and non-scheduled repair request(s). c. Discuss its ability to provide Brand Name Original Equipment Manufacturer (OEM) recommended service/replacement parts for all items identified in the PWS and Brand Name Justification and Approval. iii Subfactor 3: Technical Experience. The Vendor shall demonstrate relevancy of corporate experience and core competency in providing maintenance and repair to Air Compressors and Seccant Filtration systems. TAB B - Factor 2: Price: The Vendor Shall provide: i. Subfactor 1: Pricing: The Vendor shall provide its proposed pricing in accordance with the Contract Line Item Number (CLIN) structure in this combined/synopsis. The Vendor shall also include a total proposed price by adding all the CLINS together. All quotes will be ranked according to price, including option prices. A vendor's proposed prices will be determined by multiplying the quantities identified in the schedule by the proposed unit price for each CLIN to confirm the extended amount for each. All extended CLIN amounts will be totaled for evaluation purposes. Individual pricing for each line must be completed. Price will be evaluated for reasonableness. Reasonableness will be determined based on prices submitted by the competition, current market conditions, and comparison to the Government estimate, if applicable. If the Government deems this information is not sufficient to determine reasonableness, the Government may use other techniques as appropriate to determine price reasonableness for the acquisition. TAB C - Acknowledgment of Solicitation Amendments. The vendor must submit a statement to acknowledge solicitation amendments, if applicable. TAB D - Representations and Certifications. The vendor must complete and submit the required representations and certifications in accordance with FAR 52.212-3 Alt I and DFARS 252.212-7000. 2. Replace paragraph (c) entitled "Period for acceptance of offers" with the following instructions: Period for acceptance of offers. The Vendor agrees to hold the prices in its offer firm for 90 days from the date specified for receipt of quotes. 3) Replace paragraph (e) entitled "Multiple offers" with the following instructions: (e) Multiple quotes. Vendors should submit only one quote presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation. 3) Replace paragraph (g) entitled "Contract Award (not applicable to Invitation for Bids) with the following instructions: (g) Contract award (not applicable to Invitation for Bids). Quotations shall contain the Vendor's best technical and price terms. The Government intends to evaluate quotes and award a contract without discussions with Vendors. Therefore, the Vendor's initial quote should contain its best terms from a price and technical standpoint. The Contracting Officer will not negotiate with any Vendors other than those of the Government's choice and will not use the formal source selection procedures described in FAR Part 15. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest quote; and waive informalities and minor irregularities in quotes received. 4) Replace paragraph (h) entitled "Multiple awards" with the following instructions: (h) Multiple awards. The Government will award on an "all or none" basis. (ix) The Provision at FAR 52.212-2, Evaluation- Commercial Items, applies to this acquisition. (a) The Government will award a contract resulting from this solicitation to the responsible Vendor 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 quotes: 1.0 BASIS FOR AWARD - 1.1 Basis of Award: The Government will award a contract resulting from this solicitation to the responsible Vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The policies and procedures under the Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, in conjunction with FAR Subpart 13, Simplified Acquisition Procedures, will be utilized for this procurement. 1.2 The Government's technical evaluation team will evaluate the quote to determine if it is either Technically Acceptable or Technically Unacceptable (price excluded). In order to be considered Technically Acceptable, the quote for each factor must be determined Acceptable and must demonstrate an understanding of the requirement that meets the needs of the solicitation and PWS. Failure to meet the criteria will render the quote to be Technically Unacceptable and will not be considered for award. 1.3 The Government will evaluate the quote strictly in accordance with this solicitation and will not assume that performance will include areas not specified in the Vendor's submission. 1.4 The Government intends to award the contract without discussions. Therefore, the quote should contain the Vendor's best terms from Technical Capability and Price Reasonableness standpoint. Additional oral or written information from the Contractor may be requested. The Government reserves the right to conduct discussions. If a revised quote is requested, it will be evaluated against the same criteria as was the initial quote. 2. EVALUATION CRITERIA The Government will use the criteria set forth below to evaluate and select the awardee. Evaluation criteria consist of two (2) evaluation factors. The quotes will be evaluated under the following evaluation factors: Factor 1: Technical Capability Subfactor 1: Permits/Certifications/Registrations Subfactor 2: Technical Understanding Subfactor 3: Technical Experience Factor 2: Price Assigning Ratings: The Technical Capability Factor will be assigned one of the ratings defined below. To be considered technically acceptable, Vendor must demonstrate the capability to provide the requirements set forth in the PWS. The Government will not roll up subfactors for an overall Factor 1 rating. In order to be considered for award, there must be an "acceptable" rating in every technical subfactor. Table A-1. Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Quote clearly meets the minimum requirements of the solicitation. Unacceptable Quote does not clearly meet the minimum requirements of the solicitation. Factor 1 - Technical Capability. i. Subfactor 1: Permits/Certifications/Registrations: The Vendor will be evaluated to ensure that it presented its proof of its factory authorization with Bauer Compressor, Incorporation to be an authorized Bauer Compressor, Inc. sales and service distributor. Failure to meet this subfactor will preclude any further evaluation. ii. Subfactor 2: Technical Understanding. The Vendor's Technical Understanding must demonstrate a thorough understanding of all the requirements in the PWS. The Vendor will be evaluated as follows: a. The Government will evaluate the Vendor's approach to determine whether they demonstrated an acceptable approach to meet the Government's need in maintenance and repair of the Air Compressor and Seccant Filtration systems accordance with the Performance Work Statement (PWS). b. The Government will evaluate the Vendor's approach to determine whether they demonstrated a feasible plan to meet the Government's emergency and non-scheduled repair request(s). c. The Government will evaluate the Vendor's approach to determine whether they demonstrated their ability to provide Brand Name Original Equipment Manufacturer (OEM) parts as identified in the PWS and Brand Name Justification and Approval (J&A). iii. Subfactor 3: Technical Experience. The Vendor's Technical Experience will be evaluated to ensure that the Vendor has at least three (3) years corporate experience in the type of service industry required by this PWS. The Government will evaluate each Vendors organizational experience on the basis of it depth and its relevance to the work that will be required under the resultant contract. Factor 2 - Price. As authorized under FAR Subpart 13, simplified procedures will be used to evaluate offer and award the contract. Proposed price will be evaluated for reasonableness using the price analysis techniques provided under FAR Part 13.106-3. Price shall be quoted in accordance with the CLIN(s) structure (0001-4002) provided, in the event an award is made. Price quote evaluations will consider the entire period of performance (including FAR 52.217-8 for the maximum potential extension period of 6 months) for a total overall evaluated Price. The Government will roll-up CLIN prices into an overall total price for the overall evaluated price. The unit price shall include a firm fixed price for each priced CLIN. Quotes shall remain valid for a minimum of 90 days. The Government intends to award a contract based on contractor's responsibility and determination of a fair and reasonable price. (b) Options. The Government will evaluate quotes 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) Extension. As part of the price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8) by adding six months of the offeror's final option period price to the offeror's total price. Offerors shall not submit a price for the potential six month extension of services period. The Government may choose to exercise the Option to Extend the Term of the Contract at the end of any performance period (base or option periods), utilizing the rates of that performance period. Evaluation of options shall not obligate the Government to exercise the option(s) (d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Vendor 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. (x) The Provision at FAR 52.212-3 Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror's representations and certifications must be entered within the System for Award Management website (www.sam.gov) for consideration for award. (xi) The Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition. (xii) The Clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items applies to this acquisition. Applicable clauses under FAR 52.212-5 are as follows (available at https://farsite.hill.af.mil): 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards; 52.219-6, Notice of Total Small Business Set-Aside; 52.219-28, Post Award Small Business Program Representation; 52.222-3, Convict Labor; 52.222-19, Child Labor--Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-35, Equal Opportunity for Veterans; 52.222-36, Equal Opportunity for Workers with Disabilities; 52.222-37, Employment Reports on Veterans; 52.233-11, Ozone Depleting Substances; 52.223-12, Maintenance, Service, Repair or Disposal of Refrigeration Equipment and Air Conditioners; 52.222-50, Combating Trafficking in Persons; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.223-20, Aerosols; 52.225-1, Buy American-Supplies; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (xiii) The following FAR provisions and clauses apply to this acquisition: CLAUSES INCORPORATED BY REFERENCE 52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First Tier Subcontractor Awards OCT 2018 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.212-1 Instructions to Offerors- Commercial Items OCT 2018 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representations Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.216-7006 Ordering MAY 2011 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2017) DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea APR 2014 CLAUSES INCORPORATED BY FULL TEXT 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 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 -- "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. "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 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 daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the...