This Combined Synopsis/Solicitation opportunity from Department Of Agriculture was posted on August 23, 2019. The submission period has ended. Browse the details below for market research, or find similar active opportunities.
SMALL SCALE SPRAY DRYER
Awarded
AG-3JL0-S-19-0012FederalSubmission Closed
Contract Overview
Solicitation details, issuing organization, response deadlines, documents, and interested companies for this government contract opportunity.
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The United States Department of Agriculture, Agricultural Research Service, is seeking quotations for the purchase and delivery of a Small Scale Spray Dryer to be located at the Eastern Regional Research Center in Wyndmoor, Pennsylvania. The equipment will be utilized for food process engineering research, specifically for the dehydration of waste liquids from dairy plants. Key technical requirements include a co-current dryer configuration, a water evaporation capacity of at least 2.5 L/h, air heater power of at least 4 kW, a maximum air flow of at least 20 scfm, and a two-fluid nozzle. The system must also feature an exhaust filter, real-time data logging for temperature, pressure, rates, and relative humidity, and the capability to accelerate the cooling of produced powder. This is a firm-fixed-price contract awarded based on the Lowest Price Technically Acceptable (LPTA) criteria, evaluating both technical capability and total price, including shipping. The successful vendor must provide a standard commercial warranty and ensure all electronic and information technology components comply with Section 508 accessibility standards. Deliverables include the equipment, operations and maintenance manuals, and a completed Section 508 Product Assessment Template. Delivery is required F.O.B. Destination to the consignee's premises in Wyndmoor, PA.
General Info
Contract Value
$162,044Place of Performance
USDA, ARS, ERRC 600 East Mermaid Lane, Wyndmoor, PA, 19038, USASet-Aside
NONE
Awardee
ARMFIELD INCORPORATEDAward Issued Date
Documents
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Timeline
PhaseAwarded
Submission Closed
Organization & Contact Information
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AgencyDepartment Of Agriculture → USDA Ars Nea Aao Acq/per Prop
Contacts1 person available
OfficeBELTSVILLE, MD, 20705, USA
Organization / AgencyDepartment Of Agriculture → USDA Ars Nea Aao Acq/per Prop
Office AddressBELTSVILLE, MD, 20705, USA
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Full Description
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36- SMALL SCALE SPRAY DRYER AG-3JL0-S-19-0012 08/22/2019 09/5/2019 Point of Contact, Regina Dennis, Contract Specialist, +1 (555) 000-0000 or e-mail contact@example.gov United States Department of Agriculture, Agricultural Research Service (ARS), Eastern Regional Research Center, Dairy and Functional Foods Research Unit (MCFP) in Wyndmoor, PA 19038, is seeking to purchase a Small Scale Spray Dryer to be furnished and delivered (F.O.B. Destination within Consignee?s Premises) to the USDA, ARS, Eastern Regional Research Center, in Wyndmoor, PA; in accordance with the terms, conditions, and specifications contained in this document. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6 (current as of FAC 2019-05 eff. 8-13-2019), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation quotations are being requested and a written solicitation will not be issued. The NAICS is 333241. The Solicitation number is AG-3JL0-S-19-0012 and is issued as a Request For Quotation (RFQ). SCHEDULE OF ITEMS - Furnish and deliver, F.O.B. Destination (shipping included). Required specifications: Dryer configuration co-current Water evaporation capacity at least 2.5 L/h Air heater power at least 4 kW Maximum air flow at least 20 scfm Nozzle type two fluid Additionally, must have: - Exhaust filter - Ability view sensor (temperature, pressure, rates, relative humidity) output in real time, and also to log that data - Capability to speed the cooling of powder produced by the dryer The equipment will be used for food process engineering research. Specifically, it will be used for dehydration of waste liquids produced at dairy plants. The system shall be packed for shipment in such a manner that will ensure acceptance by common carrier and safe delivery at the destination. The articles to be furnished hereunder shall be delivered, all transportation charges paid by the vendor, and in accordance with the FOB designation clause (FAR 52.247-30) to: Eastern Regional Research Center Attn: Shipping & Receiving (Reference the order number) 600 E. Mermaid Lane Wyndmoor, PA 19038 Delivery shall be between the hours of 8:00 a.m. to 3:00 p.m. Monday through Friday, excluding Federal Holidays. A. Warranty The Contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale, provided such warranty is available at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Governments rights under the Inspection clause nor does it limit the Governments rights with regard to the other terms and conditions of this contract. The Contractor shall provide a copy of its standard commercial warranty with its quotation. WARRANTY: The Contractor shall provide the warranty for this equipment with their offer. SECTION 508 - ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY (a) This Request for Quotation is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities. (b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001. (c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses: 1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or 2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby. (d) The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements. (e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first. Section 508 Compliance for Communications The Small Scale Spray Dryer shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this Request for Quotation shall take precedence. Rehabilitation Act, Section 508 Accessibility Standards 1. 29 U.S.C. 794d (Rehabilitation Act as amended) 2. 36 CFR 1194 (508 Standards) 3. www.access-board.gov/sec508/508standards.htm (508 standards) 4. FAR 39.2 (Section 508) 5. USDA Standards, policies and procedures (Section 508) In addition, all contract deliverables are subject to these 508 standards as applicable. Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the Request for Quotation, shall be the responsibility of the contractor or consultant. The following Section 508 provisions apply to the content or communications material identified in this Request for Quotation: 36 CFR Part 1194.21 a - l 36 CFR Part 1194.22 a - p 36 CFR Part 1194.31 a - f 36 CFR Part 1194.41 a - c The contractor shall provide a completed Section 508 Product Assessment Template and the contractor shall state exactly how proposed EIT deliverable(s) meet or does not meet the applicable standards. The following Section 508 provisions apply for software development material identified in this SOW, PWS, or TO: For software development, the Contractor/Developer/Vendor shall comply with the standards, policies, and procedures below: Rehabilitation Act, Section 508, Accessibility Standards (1) 29 U.S.C. 794d (Rehabilitation Act as amended) (2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.21 (a - l) 36 CFR Part 1194.31 (a - f) 36 CFR Part 1194.41 (a - c) (3) www.access-board.gov/sec508/508standards.htm (508 Standards) (4) FAR 39.2 (Section 508) (5) USDA Standards, policies and procedures (Section 508) a. Information Technology - General Information http://www.ocio.usda.gov/508/index.html#resources For web-based applications, the Contractor shall comply with the standards, policies, and procedures below: Rehabilitation Act, Section 508, Accessibility Standards (1) 29 U.S.C. 794d (Rehabilitation Act as amended) (2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.22 (a - p) 36 CFR Part 1194.41 (a - c) (3) www.access-board.gov/sec508/508standards.htm (508 Standards) (4) FAR 39.2 (Section 508) (5) USDA Standards, policies and procedures (Section 508) a. Information Technology - General Information http://www.ocio.usda.gov/508/index.html#resources Companies with the demonstrated capability of providing this equipment must submit a descriptive statement, including descriptive literature, specifically addressing the equipment?s component?s and availability. The statement and literature must be submitted to the Contracting Office Address at the day and time specified in the solicitation. DOCUMENTATION: The Contractor shall provide operations, repair, maintenance manuals, and service instructions submitted upon delivery of the equipment. ADDENDUM TO FAR CLAUSE 52.212-2. Any resulting order will be issued to the company offering the best value to the Government, price and other factors considered. Basis for Award: Lowest Price Technically Acceptable (LPTA). "LPTA" means the expected outcome of the acquisition that, results from selection of the technically acceptable quotation with the lowest evaluated price. Pursuant to FAR 52.212-2, the criteria for evaluation are (1) Technical Specifications/technical support, (2) Price (to include shipping). EVALUATION FACTORS FOR AWARD will be based on technical capabilities, price and price-related factors. FAILURE TO PROVIDE THE INFORMATION RELATIVE TO EACH EVALUATION FACTOR MAY RENDER YOUR OFFER NON-RESPONSIVE. a) Technical Capability will be based on technical features, and product literature. Each offer is required to submit warranty information, descriptive literature or other documentation, and show how the offered product meets or exceeds the requirements as specified in the specifications. b) Price includes all equipment, accessories, discount terms, and transportation. Your offer shall include pricing in accordance with the SCHEDULE OF ITEMS identified above. ADDENDUM TO FAR CLAUSE 52.212-4. The following terms and conditions are added as an addendum to this clause: 1. Item (a) Inspection and Acceptance is amended to include the following: AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988) - (a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. (b) Inspection and acceptance of the item shall be performed at: USDA, ARS, Eastern Regional Research Center, 600 East Mermaid Lane, Wyndmoor, PA 19038. The invoice shall be submitted electronically through the Invoice Processing Platform (IPP) USDA, ARS, Eastern Regional Research Center plans to award a single, firm-fixed price contract to the offeror whose quotation is most advantageous to the Government price and other factors considered. Award may be made without discussions; however, ERRC reserves the right to conduct discussions later if determined necessary by the contracting officer. FAR 52.204-8 -- Annual Representations and Certifications. As prescribed in 4.1202 (a), insert the following provision: Annual Representations and Certifications (Oct 2018) (a) (1) The North American Industry classification System (NAICS) code for this acquisition is __333241____ [insert NAICS code]. (2) The small business size standard is ____________ [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is___ employees. (b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes: [_] (i) Paragraph (d) applies. [_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless- (A) The acquisition is to be made under the simplified acquisition procedures in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000. (iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements- Representation. This provision applies to all solicitations. (iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management. (v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation. (vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas. (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas. (xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity. (xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity. (xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items. (xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items. (xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitation that include the clause at 52.204-7. (xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1. (xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3. (A) If the acquisition value is less than $25,000, the basic provision applies. (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies. (C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies. (D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies. (xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5. (xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations. (xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification. This provision applies to all solicitations. (xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] ___ (i) 52.204-17, Ownership or Control of Offeror. ___ (ii) 52.204-20, Predecessor of Offeror. ___ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. ___ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification. ___ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification. ___ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only). ___ (vii) 52.227-6, Royalty Information. ___ (A) Basic. ___ (B) Alternate I. ___ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software. (d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause Title Date Change Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of Provision) FAR 52.209-11 - Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. As prescribed in 9.104-7(d), insert the following provision: Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) FAR 52.212-2 -- Evaluation -- Commercial Items. (see 12.602) As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: ___________________________________________ ___________________________________________ ___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications -- Commercial Items (Aug 2018) 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 located at https://www.sam.gov. 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 criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The ex...
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