87' WPB Rudders Manufacture and Repair

COMBINED SYNOPSIS/ SOLICITATION HSCG40-15-Q-19001 87' WPB Rudders Manufacture and Repair NOTICE FOR FILING AGENCY PROTESTS It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the cognizant contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103. If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-91) Ombudsman Program for Agency Protests Email: contact@example.gov Fax: +1 (555) 000-0000 Phone: +1 (555) 000-0000 More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp Alternative Point of Contact: Shavonda Jamison Phone: +1 (555) 000-0000 E-mail: contact@example.gov I. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, 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. This requirement will be satisfied using FAR Part 13.5, Test Program for Certain Commercial Items. II. This solicitation is a Request for Quotations (RFQ). Solicitation number HSCG40-15-Q-19001 is assigned to this procurement for tracking purposes only. III. The incorporated clauses and provisions are those in effect through Federal Acquisition Circular FAC 2005-80. IV. The North American Industry Classification System Code is 332710, with a small business size standard of 500 employees. This requirement is a small business set aside. V. A list of the contract line item numbers to be acquired can be found under Attachment 1, Contractor Pricing and CLIN List for base year and 4 option years. VI. DESCRIPTION OF THE REQUIREMENT The Contractor shall furnish all necessary equipment, labor and materials to manufacture, test, inspect, report, preserve, package, pack, mark, bar-code and deliver repaired and/or new rudders in accordance with this solicitation and attached Specification R-562-2013 (Attachment 2). Failure to read the specifications in their entirely will not relieve the offeror from the responsibility for properly estimating the difficulty or price of successfully performing the work. Failure to do so will be at the offeror's risk. All quotes submitted in response to this solicitation shall stand firm for 60 calendar days from the response date of this solicitation. Contract Type: The U.S. Coast Guard (USCG), Surface Forces Logistics Center (SFLC) intends to award a single firm-fixed price requirements contract. Under this contract, the Coast Guard will issue delivery orders to the contractor. Delivery Orders may be issued by mail, e-mail, facsimile, and orally (followed up in writing). Period of Performance: The performance period for this requirement includes one (1) base year and four (4) option years. The base period of this requirements contract will begin on date of award for twelve months thereafter. The first year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the base year. The second year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the first option period. The third year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the second option year. The fourth year option period, if exercised by the Government, is a 12-month period that will occur consecutively following the third option year. Extent of Obligation The Government is obligated only to the extent of authorized purchases actually made under this contract. The quantities specified on this solicitation are only an estimate. The Government may order more or less depending on actual needs. Under this contract the Government is not obligated to purchase any items other than fulfilling the guaranteed minimum. Individuals Authorized to Place Orders The U.S. Coast Guard, Surface Forces Logistics Center, CPD C&P1, Patrol Boat Product Line, is the only contracting office authorized to place orders against this Contract. VII. FAR 52.211-8 TIME OF DELIVERY (JUN 1997) a) The Government REQUIRES delivery to be made according to the following schedule: REQUIRED DELIVERY SCHEDULE CLIN DESCRIPTION QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT 0001 Manufacture port RUDDER(S) in accordance with Spec R-562-2013 section 3.1 and subsequent subsections. As required Within 75 days of contract award. 0002 Manufacture starboard RUDDER(S) in accordance with Spec R-562-2013 section 3.1 and subsequent subsections. As required Within 75 days of contract award. 0003 Certification of material conformance as required in accordance with Spec R-562-013 section 3.1.1.a. As required Within 20 days after receipt of delivery order 0004 Open, Clean, Paint Removal, Inspect, test Port RUDDER(S) & submit a Condition Found Report (CFR) per Para. 3.2 & its subparagraphs in accordance with Spec R-562-2013. As required Within 10 days after receipt of GFP. 0005 Open, Clean, Paint Removal, Inspect, test Starboard RUDDER(S) & submit a Condition Found Report (CFR) per Para. 3.2 & its subparagraphs in accordance with Spec R-562-2013. As required Within 10 days after receipt of GFP. Review Coast Guard review and approval. As required 5 calendar days 0006 (Optional) - Weld Repairs: General - Rudder Stock: (non-bearing, tapered or threaded areas) - 3 cubic inch increment (based on 1/8" deep areas to repair, 1" length, 360 undercut as required by MILSPEC) per Spec R-562-2013 section 6.1.a. As required As part of OIR if required. 0007 (Optional) - Weld Repairs: Upper bearing area (entire area) - based on 1/16" deep area to repair, full bearing length, 360 around, undercut as required by MILSPEC per Spec R-562-2013 section 6.1.b. As required As part of OIR if required. 0008 (Optional) - Weld Repairs: Lower bearing area (entire area) - based on 1/16" deep area to repair, full bearing length, 360 around, undercut as required by MILSPEC per Spec 562-0000 section 6.1.c. As required As part of OIR if required. 0009 (Optional) - Weld Repairs: 2.5 inch diameter thread area (entire area) - based on based on 1/8" deep area to repair, full thread length, 360 around, undercut as required by MILSPEC per Spec R-562-2013 section 6.1.d. As required As part of OIR if required. 0010 (Optional) - Weld Repairs: M90 thread area (entire area) - based on based on 1/8" deep area to repair, full thread length, 360 around, undercut as required by MILSPEC per Spec R-562-2013 section 6.1.e. As required As part of OIR if required. 0011 (Optional) - Weld Repairs: General - Rudder blade: 4 square inch of blade skin removed, replaced, welded and tested per Spec R-562-2013 section 6.1.f. As required As part of OIR if required. 0012 (Optional) - Weld Repairs: Blade welds, 3 inch - based on welding a 3 inch length to repair leakage and test per Spec R-562-2013 section 6.1.g. As required As part of OIR if required. 0013 Manufacture RUDDER KEY(S) in accordance with Spec R-562-2013 section 3.3 and subsequent subsections. As required As part of manufactured or repaired rudder assembly. 0014 Stamp serial numbers as required by Spec R-562-2013 section 3.4. As required As part of manufactured or repaired rudder assembly. 0015 Preserve RUDDER(S) and provide paint data sheets per section 3.6 & its subparagraphs of Spec R-562-2013. As required As part of manufactured or repaired rudder assembly. 0016 Final Inspection Report per section 3.7 of Spec R-562-2013. As required Manufacture: Within 75 days of contract award. Repair: Within 45 days of repair approval. Review Coast Guard review and approval. As required 5 calendar days 0017 Construct new shipping crate for a RUDDER per section 5.1 and subparagraph of Spec R-562-2013. As required As part of manufactured or repaired rudder assembly if necessary. 0018 Packing, packaging, marking, and delivery of the RUDDER(S) per section 5.0 & its subparagraphs except 5.1 of Spec R-562-2013. As required Within 10 days of Coast Guard quality assurance inspection. The Government will evaluate, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above, may be considered unacceptable and may be rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected. (End of Clause) PLACE OF DELIVERY - DESTINATION (A) All parts shall be delivered to the following address between the hours of 7:30 a.m. and 3:30 p.m. Monday through Friday: U.S. Coast Guard Surface Forces Logistics Center Contracting and Procurement Branch 1 2401 Hawkins Point Road Receiving Room, Bldg. 88 Baltimore, MD 21226 M/F: Contract Number: {to be furnished at time of award} Delivery Order Number: {To be furnished with each individual delivery order} (B) Any written reports shall be delivered to the Contract Administrator and Contracting Officer Representative (COR), at the following address: U.S. Coast Guard Surface Forces Logistics Center Contracting and Procurement Branch 1 711 Ordnance Road Baltimore, MD 21226 Or submitted electronically to: contact@example.gov and contact@example.gov. The Government reserves the right to request direct delivery. Each individual order will identify the delivery destination. DELIVERY OF GOVERNMENT FURNISHED PROPERTY The Government shall be responsible for providing delivery of all Government Furnished Property to the contractor's facility. It is the contractor's responsibility to provide F.O.B. Destination delivery of items to the address for shipment as provided in the previous section. NOTE: Failure to prepare for shipment any item, and/or mark all packages, boxes, etc., as indicated herein shall result in rejection of the shipment and return of the shipment at the contractor's expense. VIII. FAR 52.212-1, INSTRUCTIONS AND NOTICE TO OFFERORS - COMMERCIAL ITEMS (Apr 2014) APPLIES TO THIS ACQUISITION AND IS INCORPORATED BY REFERENCE. (ADDENDUM) A. To ensure timely and equitable evaluation of the quotation, the offeror must follow the instructions contained herein. The quotation must be complete, self-sufficient, and respond directly to the requirements of this solicitation. The quotation shall consist of three (3) separate parts; Part I -Technical Plan, Part II - Past Performance Information and Part III - Price. B. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists no additional data will be requested. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit cost and pricing data to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price. C. 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. 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; D. Specific Instructions: The quotation shall be submitted electronically with three (3) attachments: ? Attachment 1: Technical Plan ? Attachment 2: Past Performance ? Attachment 3: Price Page Count Identification Maximum pages 1. Attachment 1 - Technical Plan 10 Pages 2. Attachment 2 - Past Performance 10 Pages 3. Attachment 3 - Price No page limit ? Questions are due via email no later than April 16, 2015, by 12:00 Noon Eastern Standard Time to email address contact@example.gov and contact@example.gov. ? Quotations are due no later than May 4, 2015, by 8:00 AM Eastern Standard Time to contact@example.gov and contact@example.gov. ? All submissions shall include HSCG40-15-Q-19001 in the subject line of the email. All offerors submitting quotations must be registered and active in SAM. https://www.sam.gov at time of submittal. If you are not actively registered in SAM, your quotation will not be considered. ? Late submissions will not be accepted. IX. FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014) (ADDENDUM) (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: (i) Factor I - Technical Plan (ii) Factor II - Past Performance (iii) Factor III - Price Technical Plan and Past Performance, when combined, are significantly more important than Price. The contract award decision will be based on the offeror that represents the best value to the Government given the application of the trade-off process and the established evaluation factors (FAR 15.101-1). This is a commercial item acquisition. The evaluation and award procedures in FAR 13.106 apply. (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) EVALUATION Factor I: Technical Plan: Offerors shall provide a written technical plan with a clear understanding and certification that their proposed solution complies with the technical requirements as stated in the specification and the Request for Quote. Offerors shall demonstrate a professional approach to the logistics required to manufacture or repair, report, test, package, pack, mark, bar-code and ship rudders of various amounts as required per Coast Guard Specification R-562-2013 (Attachment 2), dated 11/24/2014 and applicable contract documents. The offeror's technical plan shall also include sufficient evidence to show the offeror's ability to perform each of the subfactors mentioned below. Subfactors: Offerors will be rated on their ability to perform each of the subfactors mentioned below. a. (Paragraph 1.3 & Subsection(s)) - Offeror has a secure facility of sufficient size to house all Government Furnished Property (GFP) indoors. b. (Section 2.0 & Subsection(s)) - Offeror demonstrates that they are legally able to procure or possess all required drawings and technical publications or have updated copies available at their facility for review. c. (Section 3.1 & Subsections) - Offeror has the required personnel and machinery to manufacture, inspect and test the rudders per requirements. d. (Section 3.2) - Offeror has the required personnel and machinery to inspect and test the rudder(s) per requirements and provide CFR per 3.2.1 & subsections. e. (Paragraph 3.2.3 & Subsection(s)) - Offeror has the ability to sand blast rudders meeting profile requirements. f. (Paragraph 3.2.4 & Subsection(s)) - Offeror has the personnel, measuring equipment and ability to visually inspect rudders and provide documentation as required. g. (Section 3.2.5 & Subsection(s)) - Offeror has the ability to conduct ultrasonic testing, interpret and document results. h. (Paragraph 3.2.6) - Offeror has the ability to conduct non-destructive testing, interpret and document results. i. (Paragraph 3.2.7) - Offeror has the ability to meet conduct rudder air testing, interpret and document results. j. (Paragraph 3.2.10 & Subsection(s)) - Offeror has the ability to meet welding certification requirements and complete welding repairs per requirements. k. (Paragraph 3.3 & Subsection(s)) - Offeror has the ability to manufacture rudder shaft keys in accordance with requirements. l. (Paragraph 3.4) - Offeror has the ability to stamp serial numbers on rudder stock as required. m. (Paragraph 3.5 & Subsection(s)) - Offeror has the ability to provide certified rudder nuts to verify conformance and provide documentation per requirements. n. (Paragraph 3.6 & Subsection(s)) - Offeror has the ability to preserve rudder(s) and provide documentation per requirements. o. (Paragraph 3.7 & Subsection(s)) - Offeror has the ability to conduct all required final inspections and provide report per requirements. p. (Paragraph 3.8) - Offeror shall provide product warranty details. q. (Paragraph 4.1.1) - Offeror maintains an equipment calibration process traceable to National Standards as required. r. (Paragraph 4.1.2 & Subsections) - Offeror has the ability to conduct Quality Assurance inspection and testing separate from normal shop work activities with Coast Guard QA personnel as required. s. (Section 5.0) - Offeror has the ability to preserve, pack, package, mark and bar-code GFP as required. t. (Paragraph 5.1 & Subsection(s)) - Offeror has the ability to provide a new shipping crate if required. u. (Paragraph 5.2 & Subsection(s)) - Offeror has the ability to meet packing and packaging requirements as listed. v. (Paragraph 5.3 & Subsection(s)) - Offeror has the ability to meet marking requirements as listed. w. (Paragraph 5.4 & Subsection(s)) - Offeror has the ability to meet bar-coding requirements as listed. x. (Paragraph 5.5 & Subsection(s)) - Offeror has the ability to ship items to a designated Coast Guard unit worldwide as directed. y. (Paragraph 6.1 & Subsection(s)) - Offeror has the ability to meet the weld repair increments as described in this section. Factor II: PAST PERFORMANCE: Past performance will be evaluated to determine the Offeror's capability to successfully meet the performance requirements. Evaluation of past performance will be subjective, based on consideration of all relevant past performance information obtained by the Government. The past performance evaluation and assignment of a rating will be based on the Offeror's Past Performance Questionnaires and information obtained from previous or current customers of the Offeror. Review of past performance will not be limited to the information provided in the questionnaire submitted by the Offeror. The Government may verify information from other sources and on other contracts performed by the Offeror, not listed in the questionnaire. An Offeror without a record of relevant past performance will be given a "Neutral" rating on the Past Performance factor. However, the quotation of an Offeror with no relevant past performance history, while rated Neutral in past performance, may or may not represent the most advantageous quotation to the Government and thus, may or may not be a successful quotation when compared to the quotations of other Offerors. Past performance will be evaluated for relevance based on the past performance narrative included in the Offeror's quotation. If an example of past performance is determined to be non-relevant, it will not be further evaluated for quality of performance. For those past performance examples determined to be relevant, the Past Performance Evaluation will be based on the following sub-factors listed in descending order of importance. Offerors shall furnish the information listed below for at least two (2) relevant past performance references completed within the last three (3) years that are relevant to this requirement (i.e., the same or similar requirement) and are held with government (federal, state, local), private or commercial entities. Note: The Government may use past performance information obtained from any source to evaluate past performance. All information obtained will be used to determine the offeror's ability to perform the contract successfully. Name of Company/Organization: Contract Number: Contract Type/Amount: Period of Performance: Description of Supply or Service: First Point of Contact (Name): Phone Number: E-Mail Address: Second Point of Contact (Name): Phone Number: E-Mail Address: Factor III - PRICE: The Government will evaluate price for completeness, price reasonableness, and unbalanced pricing. Price quotations will not be scored, ranked, nor rated. Price evaluation shall be conducted as follows: 1. The unit price of each CLIN: shall be multiplied by the actual or estimated quantity to arrive at an estimated total cost. The total of all CLIN's, including all option year CLIN's, shall be added together to arrive at an aggregate total. 2. Evaluation of Options: The Government will evaluate offers, for award purposes only, by adding the total price for all options to the total price for go 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 options. 3. Realism: The Government will evaluate the realism of the price by assessing the compatibility of the quotation with the scope and effort. For the price to be realistic, it must reflect what it would cost the offeror to perform the required effort, when performed with reasonable economy and efficiency. Price realism evaluation includes a review of the overall costs in the offeror's quotation to determine: - If prices are realistic for the work proposed - If prices reflect a clear understanding of the requirements; and - If prices are consistent with the various elements of the offeror's quotation 4. Reasonableness: In accordance with FAR 15.101, Best Value Continuum and FAR Part 15.101-1, Tradeoff process, permits the tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced quotation. X. Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, with its offer. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (MAR 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (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 daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with pe...