FINAL_19AQMM19R0118.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19AQMM19R0118

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

02/07/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Raschell Jones

b. TELEPHONE NUMBER (No collect calls) 703-875-5319

c. EMAIL jonesrd@state.gov

8. OFFER DUE DATE / LOCAL

TIME

02/25/2019 10:00:00

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 519130

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

LMAQMCODE15. DELIVER TO

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

CODE16. ADMINISTERED BY

FACILITY CODECODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR RMGFOCODE18a. PAYMENT WILL BE MADE BY

GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON,

SOUTH CAROLINA

PO BOX 150008; Fax To: 1-866-483-3436

ATTN: OFFICE OF CLAIMS

CHARLESTON, SC 29415-5008

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Maureen P. Borek 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19AQMM19R0118

Anticipated Period of Performance:

Base Year, Plus four 1 Year Option

All work shall be done in accordance with Statement of Work at B-003.

001 BASE YEAR - News Briefing Service 12.00 MO Doc Ref No:

Delivery Date FOB:

002 OPTION YEAR 1 - News Briefing Service 12.00 MO Doc Ref No:

Delivery Date FOB:

003 OPTION YEAR 2 -News Briefing Service 12.00 MO Doc Ref No:

Delivery Date FOB:

004 OPTION YEAR 3 -News Briefing Service 12.00 MO Doc Ref No:

Delivery Date FOB:

005 OPTION YEAR 4 - News Briefing Service 12.00 MO Doc Ref No:

Delivery Date FOB:

For any questions regarding this solicitation please contact Ms. Raschell Jones, Contract Specialist, at

(703) 875-5319 or jonesrd@state.gov.

B-001 OVERVIEW OF SERVICE

The Department of State, Bureau of Public Affairs, requires the services of a company to monitor print publica-tions, broadcase news and other electronic sources, including the Internet, to analyze stories of foreign policy interest and deliver to the Department summary briefings derived from that information, as well as full-text news clips packages.

B-002 Summary of Base Year and Options Years

SUMMARY OF BASE YEAR AND OPTION YEARS

Total Line Items 001 US$_____________

Total Line Items 1001 US$_____________

Total Line Items 2001 US$_____________

Total Line Items 3001 US$_____________

Total Line Items 4001 US$_____________

19AQMM19R0118

Line Item Summary

Solicitation Number:

19AQMM19R0118

Contract Number: Title: News Feed Service Date of Solicitation:

02/07/2019

Line Item No. Description Quantity Unit Unit Price Total Cost

B-003 Statement of Work

STATEMENT OF WORK

INTRODUCTION

This is a non-personal services contract. The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. The contractor shall manage its employees and guard against any actions that are of the nature of personal services, or give the perception of personal services.

BACKGROUND

The primary mission of the U.S. Department of State, Bureau of Public Affairs is the dissemination and communication of information relative to U.S. foreign policy objectives and interests. To accomplish this mission, it is essential that the Bureau keep abreast of, and bring to the attention of diplomats worldwide, national news events and issues related to foreign affairs, international relations, and other topics. Experience shows that this is best accomplished by outsourcing the creation of a series of expert-edited summary brief-ings that weave together only the most the important elements of relevant news stories, highlighting reporting that Department offi-cials themselves would have identified as important.

PURPOSE

The overall purpose of the work is to monitor print publications, broadcast news and other electronic sources, including the Internet, to analyze stories of foreign policy interest and deliver to the Department summary briefings derived from that information, as well as full-text news clips packages.

The work will require or consist of the following:

1. Secretary’s Daily Briefing. Specifically for the Secretary and senior officials, the Contractor will prepare two news packages daily using the staffing and procedures described under Contractor General Requirements below.

a. The Secretary of State Daily News Briefing will focus on just those news items that “rise to the level” of the Secretary and will be important as a daily primer on coverage of events likely to be discussed in morning meetings with the administration, staff or the press. It is initially assumed that the daily briefing will average roughly 3-5 printed pages and will summarize 25-50 stories depending on news volume on any given day. A mobile-friendly version is essential. The Secretary must neither be forced to wade through ex-cess content nor can he/she miss key stories due to inclusion/exclusion errors by the Contractor. Exceptional judgment is essential.

Briefing content may be added or adjusted at the request of the Department of State. The briefing will be delivered seven days per week by 6:00 a.m. local time when the Secretary is in the United States. The briefing will be delivered by 5:00 a.m. local time wherever the Secretary is on any given day while on international travel. The service will not be required for the following holidays:

Thanksgiving Day and Christmas Day, unless the Secretary is on official travel.

b. The Secretary of State News Clips package will contain full-text news articles focusing on the Secretary of State, the Department of State, foreign affairs, national news, political news and any other issue of interest to the Secretary and the Department of State.

Links to full-text news articles in place of the actual full-text news articles is not acceptable. A mobile-friendly version is essential.

The news clips package will be delivered seven days a week by 6:00 am local time when the Secretary is in the United States. The news clips package will be delivered by 5:00 a.m. local time wherever the Secretary is on any given day while on international travel.

The service will not be required for the following holidays: Thanksgiving Day and Christmas Day, unless the Secretary is on official travel.

2 .State Department News Briefing and News Clips. This service is for the primary use of the Bureau of Public Affairs and officials throughout the Department, including Embassies overseas. There will be two separate delivery times: 5:00 a.m. and 9:00 p.m. Eastern Time.

a. The 5:00 a.m. service will consist of two products: a news summary briefing and full-text news clips document prepared according the production requirements described below. Sources will focus on major news outlets such as U.S. television from the major net-works, appropriate cable news, and will summarize evening newscasts from the previous day; major newspapers and wire services such as the Washington Post, New York Times, Wall Street Journal, Financial Times, Boston Globe, Los Angeles Times, Associated Press, Reuters, AFP, McClatchy, Bloomberg News; other regional newspapers when appropriate; and, additional online news organiz-ations such as Politico, Axios, and Foreign Policy.

i. The Department of State 5:00 a.m. Daily News Briefing will focus on the top foreign policy and State Department-related issues of the day. It is initially assumed that the daily briefing will average roughly 3-5 printed pages and will summarize 25-50 stories depending on news volume on any given day. A mobile-friendly version is essential. The ser-vice will provide an update on all coverage since the previous 9:00 p.m. service. It will not include duplicate reporting / information from the 9:00 p.m. products. This deliverable is required daily, with the exception of Thanksgiving Day and Christmas Day.

ii. The Department of State 5:00 a.m. News Clips will contain full-text news articles focusing on the Secretary of State, the Department of State, foreign affairs, and any other issue of interest to the Secretary and the Department of State. Links to full-text news articles in place of the actual full-text news articles is not acceptable. This deliverable must include a table of contents, divided into specific sections for articles on the Secretary of State, Department of State, Editorials and Op-Eds, Global Issues, Trade, and specific geographic areas. Other sections may be added as requested by the Department of State. The table of contents must be hyperlinked to specific articles within the package. A mobile-friendly version is essential. This deliverable is re-quired daily, with the exception of Thanksgiving Day and Christmas Day.

b. The 9:00 p.m. service will consist of two products: a news summary briefing and full-text news clips document prepared according to the production requirements specified below. Sources will focus on major news outlets such as U.S. television from the major net-works, appropriate cable news, and will summarize evening newscasts from the previous day; major newspapers and wire services such as the Washington Post, New York Times, Wall Street Journal, Financial Times, Boston Globe, Los Angeles Times, Associated Press, Reuters, AFP, McClatchy, Bloomberg News; other regional newspapers when appropriate; and, additional online news organiz-ations such as Politico, Axios, and Foreign Policy.

i. The Department of State Daily News Briefing will focus on the top foreign policy and State Department-related issues of the day. It is initially assumed that the daily briefing will average roughly 3-5 printed pages and will summarize 25-50 stories depending on news volume on any given day. A mobile-friendly version is essential. The service will provide an update on all coverage since the previous 5:00 a.m. service. It will not include duplicate reporting / information from the 5:00 a.m. products. This deliverable is required Sunday through Friday, with the exception of Thanksgiving Day and Christmas Day.

ii. The Department of State News Clips will contain full-text news articles focusing on the Secretary of State, the Department of State, foreign affairs, and any other issue of interest to the Secretary and the Department of State. Links to full-text news articles in place of the actual full-text news articles is not acceptable. This deliverable must include a ta-ble of contents, divided into specific sections for articles on the Secretary of State, Department of State, Editorials and Op-Eds, Global Issues, Trade, and specific geographic areas. Other sections may be added as requested by the Department of State. The table of con-tents must be hyperlinked to specific articles within the package. A mobile-friendly version is essential. The service will provide an update on all coverage since the previous 5:00 a.m. service. It will not include duplicate reporting / information from the 5:00 a.m.

products. This deliverable is required Sunday through Friday, with the exception of Thanksgiving Day and Christmas Day.

3. Press Highlights. This service will include a full-text news articles document prepared according to the production requirements below. Links to full-text news articles in place of the actual full-text news articles is not acceptable. The Press Highlights will be di-vided into three sections – The Secretary / Department of State; POTUS / White House; and Foreign Hot Spots / Issues. The Secretary / Department of State section will include full-text news articles pertaining to the Secretary of State, important Department of State and foreign policy issues, as well as breaking news. The POTUS / White House section will include full-text news articles pertaining to POTUS, VPOTUS and senior White Officials meetings, events, comments, interactions on foreign policy, international relations, or Department of State related matters. The Foreign Hot Spots / Issues section will include full-text news articles on other important for-eign policy issues that are not included in the other sections. This deliverable must include a table of contents that is hyperlinked to specific articles within the package. A mobile-friendly version is essential. This deliverable is required Monday through Friday at 6:00 a.m. Eastern. It is not required on weekends and Federal Holidays.

4. Sunday Shows Briefing. Contractor will summarize relevant portions of the Sunday shows such as This Week, Meet the Press, Face the Nation, Fox News Sunday and State of the Union. Only news specifically related to the Department, foreign policy or the Secret-ary of State should be included. Each summary must link to streaming video/audio of the portion of the show referenced in the brief-ing. The briefing will be delivered as close to 1:00 p.m. as possible, with the Department of State recognizing that on days when for-eign policy is heavily featured, particularly on the later shows, delivery may be as late as 2:00 p.m. Eastern. A mobile-friendly ver-sion is essential. This service will not be required on Christmas Day.

5. Special Projects. At the request of the Department of State, the Contractor will provide news summary briefings and / or full-text news articles (links to full-text news articles in place of the actual full-text news articles is not acceptable). documents prepared ac-cording the production requirements described below on specialized topics for a limited time period. The frequency and delivery time of the product(s) will be determined by the Department of State. Specialized topic products will not exceed 10 requests per year.

CONTRACTOR GENERAL QUALIFICATIONS

To produce the products described above, the Contractor must be able to customize its services to serve the various constituencies within the Department of State regardless of their preferences related to the specific form various deliverables will need to take. Thus a wide range of capabilities is essential. The Contractor must be able to:

1. Demonstrate extensive knowledge of the Department and its mission;

2. Ability to provide full-text clips of news articles. Links to full-text news articles in place of the actual full-text news articles is not acceptable;;

3. Capture news from most U.S media outlets, including:

(1) Newspapers, newsweeklies, relevant magazines and journals, online news organizations, etc.

(2) Broadcast television from national and cable television news and, when required, local channels in all national DMAs. It is not sufficient to merely monitor television news as it appears on broadcaster websites.

4.Ensure all content is extremely fresh, meaning it was published or broadcast within a few hours of inclusion in the appropriate brief-ing.

5. Use experienced human analysts to:

(1) Review all that content;

(2) Apply expert understanding of the Department's mission and interests;

(3) Write a concise briefing document;

i. Determine which aspects of each story, if any, are important to the relevant constituencies within the Department;

ii. Edit out all information in those stories that is redundant or irrelevant in relation to other content to be used in the services;

iii. For each daily briefing topic, write a new meta-story (multi-source story) that weaves to-gether the important information described above, mixing together print and television, so that that it reads like a single news item despite having been created from portions of news from other sources;

iv. Characterize the coverage such that Department officials can quickly get a sense of how widely various story elements were run and also for the general tonality of the coverage.

v. Include summary listing of all headlines from major papers and newscasts nationwide as well as a Washington schedule and relevant policy-related comments from late-night comedians;

6. When requested, use of the same news team to capture the full text of specified sources in parallel to the briefing or independently;

7.Demonstrate exceptional flexibility to adapt to the preferences of highest-level officials when, for example, the Secretary is on travel (changes in delivery deadlines or increased coverage from areas to be visited, format, etc.) or when world events dictate a change in topical interests.

8. Ability to include in the daily services, particularly the Secretary’s Daily News Briefing and News Clips packages, an expert-edited National News section suitable for the purposes of preparing for meetings with the President or peers throughout government;

9. Story summaries within briefing documents should link to the original full-text versions when available on the original publishers' websites and include streaming video of important television as originally broadcast;

10. Ability to deliver the daily services to Department employees for their internal use via: (i) secure transmission to the Department's password portal, INFOCENTRAL; (ii) a secure Department-specific, Contractor-hosted website; (iii) email, including PDAfriendly format; and (iv) emerging technologies such as iPhone, iPad, Blackberry, and / or tablet;

11. Ability to provide statistics on product usage upon request;

12. Exceptional customer service, including 24/7 access by the Department to Contractor's account managers, editors, and senior man-agers, to permit last-minute changes to topics, deadlines, and specific guidance from the Department to the Contractor regarding stor-ies to be included and the extent of coverage desired.

13. Ability to rapidly flow additional staff to the services (surge coverage) during times of expanded coverage of the Department and topics of interest based on national emergencies and other similar situations.

IDEMNIFICAITON

No form of indemnification will be provided under this contract for services provided.

PERIOD OF PERFORMANCE

The period of performance is for one calendar year from the date of execution of this contract with four 1-year options.

B-010 TYPE OF CONTRACT

This is a firm fixed price type contract. Payment will be billed monthly.

(end of clause)

01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS

Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:

(1) Name and Address of the Contractor

(2) Dun and Bradstreet Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the System for Award Management (SAM) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of SAM or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.

Additional correspondence should be addressed to:

Name:

U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center

Mailing Address:

Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:

Director’s Secretary Voice 843-202-3761 Official Office Hours: 8:00 am – 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)

H-020 SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary per-formance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

(end of clause)

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.

(end of clause)

H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circum-stances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall in-clude a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Con-tracting Officer, the Government may terminate the contract for default.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

(end of clause)

Clause Title

52.202-1 Definitions (Nov 2013)

52.203-5 Covenant Against Contingent Fees (May 2014)

52.203-7 Anti-Kickback Procedures (May 2014)

52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018)

52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to

Iran--Representation and Certifications (Aug 2018)

52.232-1 Payments (Apr 1984)

52.233-3 Protest after Award (Aug 1996)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Oct 2018)

(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 ac-quisitions of commercial items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Rein-vestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (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 (Aug 2018) (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.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

X (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

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

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

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

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of com-mercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement pro-visions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Main-tenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para-graph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transac-tions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dis-putes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Con-tractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcon-tracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in ac-cordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Main-tenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of per-formance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written no-tice to the Contractor within 30 days before contract expiration.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to ex-tend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months).

(End of clause)

52.237-3 Continuity Of Services (Jan 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be con-tinued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to-

(1) Furnish phase-in training; and

(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor main-tain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If se-lected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

(End of clause)

652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY AND PROCEDURES (FEB 2015)

a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Policy and Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert the substance of this clause in all subcon-tracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or in-formation systems.

(b) The DOS Personal Identification Card Policy and Procedures may be accessed at ht-tp://www.state.gov/m/ds/rls/rpt/c21664.htm.

(End of clause)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)

(a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following ac-tions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act:

(1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country;

(2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employ-ee of such person;

(3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such U.S. person;

(4) Furnishing information about whether any person has, has had, or proposes to have any business relation-ship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel;

(5) Furnishing information about whether any person is a member of, has made contributions to, or is other-wise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and,

(6) Paying, honoring, confirming, or otherwise implementing letter of credit which contains any condition or requirement against doing business with the State of Israel.

(b) Under Section 8(a), the following types of activities are not forbidden compliance with the boycott , and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1) through (6) above:

(1) Complying or agreeing to comply with requirements:

(i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any busi-ness concern organized under the laws of Israel or by nationals or residents of Israel; or,

(ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment;

(2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no…