Updated_FOFR_Wayside_Ex_PD_RFP_SOW_0001.pdf

Solicitation Number 140P2123R0012

Updated March 23, 2023

WAYSIDE EXHIBIT PLANNING and DESIGN SERVICES

FORT FREDERICA NATIONAL MONUMENT

1. PROJECT BACKGROUND

Established as a unit of the National Park Service in 1936, Fort Frederica National

Monument preserves, protects, and interprets the remains and archeological record of Fort

Frederica, a British colonial settlement. Located along the Georgia coast on the island of

Saint Simons, Fort Frederica is 12 miles northeast of the city of Brunswick. The national monument consists of two separate sites, the primary site of Fort Frederica on the banks of the Frederica River and the smaller Battle of Bloody Marsh site roughly 6 miles from the main unit. Together, these two sites include approximately 282 acres that comprise the national monument.

Designed by General James Edward Oglethorpe in 1736 and named for Frederick Louis, the Prince of Wales, Fort Frederica was developed as a military outpost consisting of both a fort and a town that supported military operations. Fort Frederica was strategically placed on the island of Saint Simons at a bend in the Frederica River. In choosing this location, Oglethorpe’s intention was to lay claim to this region for the British crown and protect the southern boundary of the new British colony of Georgia from the Spanish in Florida.

During the 1740s, Fort Frederica reached its peak as the small town took shape supporting more than 800 residents who brought their various trades, skills, and crafts to the colony.

This project will focus on planning and designing interpretive waysides across the entire park unit.

2. SCOPE AND OBJECTIVES

The project shall be for the planning and design of new wayside exhibits for Fort Frederica

National Monument on St. Simons Island, Georgia. The project includes coordination with the Contracting Officer (CO), Contracting Officer’s Representative (COR), and park staff.

The new waysides will be placed throughout the Fort Frederica National Monument

Cultural Landscape ruin area, the Bloody Marsh Unit, and the Oglethorpe house site area.

The waysides shall provide new and updated messaging concerning Resource Protection, Visitor Safety, and Interpretive Information, as well as some wayfinding information. The locations are visited by more than half of all annual visitors to the park. It is desired that the new, modern, signage will be durable and relevant for up to 20 years.

The contractor shall provide all services including labor, materials, equipment, facilities, and travel necessary to perform the work in accordance with the specifications as detailed in this contract and its attachments.

2.1 General Requirements

2.1.1 Project Management

The Project Manager shall schedule, coordinate, oversee, and manage work produced under this contract.

The Project Manager shall be the single point of contact between the contractor and the COR.

In addition, the Project Manager shall perform the following work:

1. Quality Control

Provide quality control to ensure that all elements of project work meet the requirements of the contract specifications. Provide routine inspections of in-house work and subcontracted work. Ensure that all work not acceptable or compliant with the specifications is corrected prior to inspection or review by the COR.

2. Schedule

The contractor shall prepare an overall project schedule including milestone dates for all submittals and submit to the COR for approval. The contractor shall track all work progress to ensure that the project is completed according to the schedule. The contractor shall coordinate and confirm the dates for all work with the COR.

The contractor shall notify the COR in advance, in writing when work shall not be completed by the dates in this contract and provide an updated schedule for completion.

3. Meetings

The project manager shall be present at all project meetings. The contractor shall coordinate with the COR to schedule the following meetings:

Meeting Purpose Location or Type Required Contractor

Attendees

Duration/Days on site

Post-award call Virtual Meeting Project Manager, Designer and Planner

1½-hour

Site Visit At Park Project Manager, Graphic Designer, Planner/Writer and

Illustrator Audio

Describer

Three (3), 8-hour days

Comment discussion and reconciliation

Virtual Meeting Project Manager Five (5), 1½ hour meetings

And as needed

4. Submittals

At any point in the planning and design process the COR may require informal submittals of the contractor’s work-in-progress to document the current status and level of production of the project.

Coordinate all contractor and subcontractor submittals and review them for legibility, accuracy, completeness, and compliance with contract requirements prior to submitting to the COR for distribution.

Forward all submittals to the COR for distribution, review, and approval. Receive all reviewed submittals and take appropriate action according to the approval or rejection by the COR.

1. Approved Submittals

Ensure that all changes, revisions, or additions are noted, revised, updated, and forwarded to the COR.

2. Rejected Submittals

When submittals are rejected, the COR shall notify the

Project Manager, in writing, identifying the reasons for rejection. The Project Manager shall revise and/or correct and resubmit, identifying changes.

2.1.2 Accessibility

Wayside exhibits planned, designed, and fabricated for the National Park

Service (NPS) shall follow the latest published version of Attachment B, Programmatic Accessibility Guidelines. These guidelines are a combination of best practices, NPS and Department of the Interior directives, and federal laws. Federal laws include the Architectural Barriers Act, Sections 504 and

508 of the Rehabilitation Act as amended, and the 21st Century

Communications and Video Accessibility Act.

Accessibility requirements for visitors with specific disabilities shall be addressed within the designed exhibits. If design decisions pose particular challenges to accessibility (such as an inaccessible location of an outdoor exhibit), additional attention shall be paid to a full description of the accessibility solutions. See Attachment B, Programmatic Accessibility

Guidelines requirements addressed under specific disabilities.

3. PLANNING AND DESIGN SERVICES

Work shall include planning and designing wayside exhibit elements. See Attachment A, Plan and Design Specifications and Attachment C, Wayside Guide.

3.1 Wayside Exhibit Proposal – See Attachment D, Sample Wayside Proposal

Create and finalize a wayside exhibit proposal for 42 waysides exhibits which will include the total redesign of 37 existing waysides and the development of five new waysides at the Bloody Marsh area and the Oglethorpe house site.

Wayside exhibits are as follows:

2 – 36”x48” uprights: Park Orientation, and Introduction to the park stories and significance. Each of these will be in different locations with unique You Are Here locators.

40– 42”x24” or 24” x 36” low profile traditional waysides.

3.2 Wayside Plan – See Attachment I, Sample Plan

Create InDesign production ready files with high resolution links for 42 unique wayside exhibits, including the two similar layouts with unique You Are Here identifiers.

Final production files shall adhere to Attachment K, File Naming Guide.

3.3 Text – The text shall use as a reference the text/fonts/color scheme of interpretive panels and compliment the content developed for recently installed interior exhibits where appropriate to create a cohesive visitor experience. Contractor shall research, write, and design all interpretive text for 2 upright, and 40 low profile wayside exhibits, following NPS standards found in Attachment J, Typographic Standards and Attachment M, Style Guide. Text found in Attachment N, Reference, may be used as reference materials

3.4 Graphics – Contractor shall research, purchase use rights for, and provide documentation of permission to use 42 graphics to include historic and contemporary photography, historic maps, historic illustrations, existing illustrations, and similar material. Most images found in the layouts in Attachment

N, Reference are available for use. See Attachment O, Existing Art, for illustrations available in Harpers Ferry Center Art collection.

3.5 Maps – Edit and/or create the following maps according to Attachment G, Wayside

Map Standards. See Attachment F, Sample Maps:

3.5.1 Create one (1) Adobe Illustrator map of St. Simon’s Island for select waysides.

3.5.2 Edit one (1) Government Furnished Adobe Illustrator map for the Fort

Frederica area with multiple You Are Here locators. Base map file is available here: https://www.nps.gov/carto/app/#!/maps/alphacode/FOFR

3.5.3 Edit one (1) Government Furnished Adobe Illustrator map of the Battle of

Bloody Marsh for select waysides. Base map file is available here:

https://www.nps.gov/carto/app/#!/maps/alphacode/FOFR

3.6 Illustration – Create twelve (12) full color/size illustrations as determined in final proposal. See Attachment N, Reference, top of page 2, for complexity and style of illustrations.

3.7 Tactile Elements – Provide thumbnails and reference packages for six to twelve tactile/interactive elements as determined in final proposal.

3.8 Production budget – Create a production budget for all wayside exhibit elements to include panels, bases, tactile and interactive elements, and audio description.

3.9 Optional work - At the option of the Government, add one additional full color/size illustration in similar complexity and style as illustration in Attachment N, Reference, top of page 2.

4. PACKAGING AND DELIVERY

All deliverables shall be shipped Free On Board (FOB) destination, within consignee’s premises, with all shipping and transportation costs prepaid, unless otherwise specified below. Deliverables shall be shipped by either registered or certified mail to ensure that shipments can be traced, if lost.

4.1 Deliverables Shall Include the Following

4.1.1 Post-award Conference Call, uploaded to TEAMS folder

-Word document of notes

-PDF of draft schedule

4.1.2 Trip Report, uploaded to TEAMS folder

-Word document describing what was discussed at each site noting agreed upon changes to contract, if any

-All photos from site visit

-PDF of updated schedule

4.1.3 Wayside Exhibit Proposal, uploaded to TEAMS folder

-PDF of proposal

-PDF of map with location of proposed exhibits

-PDF of thumbnail for illustrations

-PDF of thumbnails for possible tactile/interactive elements

-PDF of projected budget estimate

4.1.4 Final Wayside Exhibit Proposal, uploaded to TEAMS folder

-PDF of proposal

-PDF of map with location of proposed exhibits

-PDF of refined thumbnail for illustrations

-PDF of refined thumbnails for NPS-selected tactile/interactive elements

-PDF of map thumbnails for the new area map and two edited maps that identify the area and items to include

4.1.5 Draft Wayside Exhibit Plan, uploaded to TEAMS folder

-PDF of layouts

-PDF of detailed black and white illustrations

-PDF of draft maps for new area map and edited maps

-PDF of drawings for tactile/interactive elements

4.1.6 Wayside Exhibit Plan, uploaded to TEAMS folder

-PDF of revised detailed illustrations with color samples

-PDF of revised maps for new area map and edited maps

-PDF of drawings and reference package for tactile/interactive elements

4.1.7 Final Wayside Exhibit Plan, uploaded to TEAMS folder

-PDF of documentation of all image sources and use rights

-PDF of illustrations

-PDF of final maps for new area map and edited maps

-PDF of drawings and reference package for tactile/interactive elements

-PDF of design intent drawings for each unique base, see Attachment E, VIS and Wayside Hardware Specifications Manual for standard hardware

-PDF of draft Production Budget

4.1.8 Production-Ready Proofs

-Two sets of full-size color prints of each wayside exhibit. One set mailed to the COR and one set mailed to the park.

-One packaged production files for one exhibit uploaded to TEAMS folder

4.1.9 Close-out package, uploaded to TEAMS folder

-Final InDesign files with linked images and fonts for each layout in non-proprietary formats

-RAW images in non-proprietary formats

-Final production PDF’s for each layout

-Accessible PDF’s for each layout

-Final text in accessible word document

-Final Production Budget

-File Maker Pro source file for Proposal

-PDF of final documentation of all image sources and use rights

4.2 Deliverable Shall Be Sent to the Following:

4.2.1 Items 4.1.1 through 4.1.9 (only one set of full-size prints for Item 4.1.8) shall be sent to:

COR

Harpers Ferry Center

67 Mather Place

Harpers Ferry, WV 25425

4.2.2 Items 4.1.8 (only one set of full-size prints) shall be sent to:

Fort Frederica National Monument

ATTN: Chief of Interpretation

6515 Frederica Rd.

St. Simons Island, GA 31522

5. PERIOD OF PERFORMANCE

All work, including review and approval, shall be competed on or before September 30, 2024.

6. REVIEW AND APPROVAL

Review and approval of the deliverables shall be completed within 21 calendar days. At the discretion of the COR, some review periods may be shortened. The COR shall notify the Contractor, in writing, of approval or rejection of the work.

7. PAYMENT SCHEDULE

Upon completion and acceptance of the following deliverables, the contractor shall be paid a firm-fixed-price as shown below:

A. Completion and acceptance of Trip Report. $***

B. Completion and acceptance of Wayside Exhibit Proposal $***

C. Completion and acceptance of Final Wayside Exhibit Proposal $***

D. Completion and acceptance of Wayside Exhibit Plan $***

E. Completion and acceptance of Revised Wayside Exhibit Plan $***

F. Completion and acceptance of Final Wayside Exhibit Plan $***

G. Completion and acceptance of Production Files $***

H. Completion and acceptance of Closeout $***

***The contractor shall propose as part of their quote. All deliverables shall be reviewed and approved by the COR prior to payment.

TOTAL FIXED PRICE: $______________

TRAVEL COSTS (FFP) $______________

PROJECT TOTAL: $______________

8. ATTACHMENTS

The following listed documents are attached and incorporated into this contract:

Attachment A, Plan and Design Specifications, May 6, 2021, PDF, 16 pp

Attachment B, Programmatic Accessibility Guidelines, Ver 2.4,October 2019,PDF, 92 pp

Attachment C, Wayside Guide, October 2009, PDF, 84 pp

Attachment D, Sample Wayside Proposal, March 2019, PDF, 70 pp

Attachment E, VIS & Wayside Hardware Spec Manual, Rev 3,October5,2017,PDF,186 pp

Attachment F, Sample Maps, PDF, 5 pp

Attachment G, Wayside Map Standards, version 2, 2022, PDF, 8 pages

Attachment H, Tactile Map Guidelines, February 19, 2020, PDF, 3 pp

Attachment I, Sample Plan, April 2020, PDF, 24 pp

Attachment J, Typographic Standards, February 2010, PDF, 6 pp

Attachment K, File Naming Guide, July 13, 2022, PDF, 5 pp

Attachment L, Color Management Guide, February 2023, PDF, 17 pp

Attachment M, HFC Editorial Style Guide, January 13, 2023, PDF, 48 pp

Attachment N, Reference, October 2022, PDF, 43 pp

Attachment O, FOFR Existing Art, October 2022, PDF, 18 pp

Attachment P, FOFR Long Range Interpretive Plan, May 2007, PDF, 55 pp

Attachment Q, FOFR Foundation Document, September 2016, PDF, 44 pp

Attachment R, FOFR Cost Estimate Form, Excel, one sheet

Attachment S, Past Performance Questionnaire, PDF, 4 pp

9. GOVERNMENT FURNISHED PROPERTY

The contractor shall be responsible for security and protection of all government-furnished property or materials provided in connection with this contract. Following acceptance of all work by the government, the contractor shall return to the COR all government-furnished property not incorporated into the project.

10. INVOICING

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

(April 2013)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov..

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: none

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in

SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St.

Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the

Contracting Officer with its proposal or quotation. (End of Local Clause)

11. TRAVEL

In accordance with Public Law 99-234, "Federal Civilian Employee and Contractor Travel

Expense Act of 1985", travel-related expenditures for contractor's personnel are restricted to the limits established for federal employees. This includes mileage for company-owned vehicles.

The contractor shall travel as required to support program tasks. All travel arrangements are to be made by the contractor. Payment for transportation, per diem, mileage, parking, and other fair and reasonable travel expenses will be paid in accordance with the effective

Federal Travel Regulations as amended and supplemented by the Department of the

Interior travel regulations where applicable. No Federal travel authorizations are to be issued. The contractor shall make every effort to keep travel costs to a minimum. No https://www.ipp.gov/ mailto:ippgroup@bos.frb.org reimbursement will be made for parking at a contractor's normal place of work. No overhead, profit or G&A shall be allowed on travel costs.

Travel costs shall be reimbursed in accordance with the Federal Travel Regulations. Travel is only funded to the extent specified within the travel CLIN. The contractor shall not incur any travel costs in excess of the amount funded within the travel CLIN. The government shall not be liable for any travel related costs incurred by the contractor which are in excess of the total amount funded within the travel CLIN.

If the contractor has reason to believe they may exceed the amount funded on the travel

CLIN, they shall notify the government Contracting Office immediately. Additional funding may only be added to the travel CLIN through a formal signed modification issued by a government Contracting Officer. Profit, fee, G&A or overhead may not be incurred on travel costs.

12. ADDITIONAL WORK

Any additional work not detailed in this contract shall be approved, in writing, by the

Contracting Officer via a bilateral modification.

13. LOSS OR DAMAGE

The contractor shall be liable for any loss or damage to any government property caused by negligence, theft, or willful misconduct of the contractor, his agents, servants, and employees, and shall indemnify and save the government harmless against all actions, proceedings, claims, demands, costs, damages, and expenses, including attorney’s fees, by reason of any suit or action brought for any actual or alleged injury to or resulting from the performance of this contract. The contractor shall submit a full written report to the

Contracting Officer within 24 hours following the occurrence of such damage, loss, or injury.

If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this contract, the contractor shall be responsible for same. The government, at its option, may in lieu of repayment, require the contractor to replace at his own expense, all such property as directed by the Contracting Officer. Until the equipment is repaired or replaced, the contractor shall furnish similar, adequate replacement property and/or equipment at no charge to the government, within two business days of the date the equipment has been lost, stolen, or damaged.

14. CONTRACT ADMINISTRATION

A. The National Park Service, Contract Specialist / Contracting Officer address is:

National Park Service, Harpers Ferry Center, Office of Acquisition Management, P.O. Box 50, 67 Mather Place, Harpers Ferry, West Virginia 25425-0050.

The contractor shall use the Contracting Officer as a point of contact on all business and administrative matters concerning this contract. All correspondence, other than that of a technical nature, shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.

B. The National Park Service, COR address is: National Park Service, Harpers Ferry

Center, Attention: COR, P.O. Box 50, Harpers Ferry, West Virginia 25425-0050.

The contractor shall use the COR as the point of contact for all technical matters under the contract. Technical correspondence shall be addressed to the NPS COR, with an information copy of the basic correspondence to the Contracting Officer.

15. FACILITY SECURITY POLICY

Contractors attending meetings or accomplishing work within the buildings or real property of the National Park Service shall adhere to the security policy of each office. It shall be the responsibility of the contractor to contact the office before work begins for a briefing on security policies.

16. 1452.201-70 AUTHORITIES AND DELEGATIONS (SEPT 2011)

A. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

B. The Contracting Officer will designate a Contracting Officer’s Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor’s performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

C. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor’s right to proceed; and

(5) Obligate in any way, the payment of money by the government.

D. The contractor shall comply with the written or oral direction of the Contracting

Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The contractor need not proceed with direction that it considers to have been issued without proper authority.

The contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the contractor considers to exceed the COR’s appointment, within three days of the occurrence. Unless otherwise provided in this contract, the contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in Paragraph C prior to receipt of the Contracting Officer’s response issued under Paragraph E of this clause.

E. The Contracting Officer shall respond in writing within 30 days to any notice made under Paragraph D of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

F. The contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

G. Any action(s) taken by the contractor, in response to any direction given by any person acting on behalf of the government or any government official other than the

Contracting Officer or the COR acting within his or her appointment, shall be at the contractor’s risk.

17. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

NOTICE TO CONTRACTORS

Contractor Performance Assessment Reporting System (December 2015)

A. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor

Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

B. The past performance evaluation process is a totally paperless process using

CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the

Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

C. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO).

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html

Information in the report must be protected as source selection sensitive information not releasable to the public.

D. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

E. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as

“Pending” with or without comments and whether or not it has been closed.

6. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

F. The following guidelines apply concerning your use of the past performance evaluation:

a. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through

CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

G. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

H. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized. (End of Local Clause)

18. CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

www.acquisiton.gov.

CLAUSES INCORPORATED BY REFERENCE

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services

DEC 2022

52.227-17 Rights in Data – Special Works DEC 2007

52.232-23 Assignment of Claims MAY 2014

52.232-40 Providing Accelerated Payments to Small Business Subcontractors MAR 2023

52.245-1 Government Property SEP 2021

19. CLAUSES INCORPORATED BY FULL TEXT

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT

(FAR 52.204-25) (NOV 2021)

(a) Definitions. As used in this clause— http://www.acquisiton.gov/

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or

ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications

Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua

Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter

I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part

774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal

Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of

Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the

Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

https://www.acquisition.gov/far/4.2104#FAR_4_2104

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the

Contracting Officer(s) for any affected order or, in the case of the Department of

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services. (End of clause)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

(FAR 52.212-5) (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov

2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun

2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4645).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov

2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov

2021) (31 U.S.C. 6101 note).

_X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep

2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct

2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

X (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_X (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep

2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Sep 2021) (15 U.S.C. 657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep

2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business

Program (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar

2020) (15 U.S.C. 644(r)).

_X (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec

2022) (E.O.13126).

_X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (30)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

_X (31)

(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun

2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

_X (35)

(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50

_X (36) 52.222-54, Employment Eligibility Verification (May 2022) . (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered…