19PK3321Q6000_Solicit-Services_CI.pdf

U.S. Embassy, Islamabad.

December 30, 2020

Dear Prospective Offeror:

SUBJECT: Solicitation Number 19PK33-21-Q-6000 for “Development and Management of American Spaces Pakistan Facebook Page” U.S. Embassy Islamabad, Pakistan.

The Embassy of the United States of America invites you to submit a quotation for Development and Management of American Spaces Pakistan Facebook Page” U.S. Embassy Islamabad, Pakistan.

You quotation must be submitted through courier services if they are operating in the country by then or email to Islamabad-GSO-Contracting@state.gov using subject (19PK33-21-Q-6000)" on or before January 26, 2021, 1500 Hours. No quotation will be accepted after this time.

In order for a quotation to be considered, you must also complete and submit the following:

1. SF-1449 duly filled, signed by the quoter

2. Section 1, Pricing

3. Section 5, Representations and Certifications and ensure compliance with FAR

52.229-11 is completed with IRS Form W-14 found at www.irs.goc/w14

4. Additional information as required in Section 3

Please also visit the U.S. Embassy website for additional instructions and guidance related to this and other contract opportunities:

https://pk.usembassy.gov/embassy-consulates/jobs/procurement/. Please note especially point 2 regarding IRS Section 5000C; for all offers that exceed $250,000, the offeror must complete clause 52.229-11 and submit Internal Revenue Service form W-14.

Direct any questions regarding this solicitation to Contracting Officer, GSO-Procurement & Contracting Unit by letter or by telephone at 051-201-5464 during regular business hours.

Sincerely, David H. Haskett Contracting Officer for the United States of America mailto:Islamabad-GSO-Contracting@state.gov https://pk.usembassy.gov/embassy-consulates/jobs/procurement/ https://apps.irs.gov/app/picklist/list/formsPublications.html;jsessionid=O6aJ-mpgf3hbXtVbbPW1X2-V.20?value=w-14&criteria=formNumber&submitSearch=Find

TABLE OF CONTENTS

Section 1 - The Schedule

• SF 18 or SF 1449 cover sheet

• Continuation To SF-1449, RFQ Number 19PK33-21-Q-6000, Prices, Block 23

• Continuation To SF-1449, RFQ Number 19PK33-21-Q-6000, Schedule Of

Supplies/Services, Block 20 Description/Specifications/Work Statement

• Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished Property

Section 2 - Contract Clauses

• Contract Clauses

• Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

• Solicitation Provisions

• Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 4 - Evaluation Factors

• Evaluation Factors

• Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in

Part 12

Section 5 - Representations and Certifications

• Offeror Representations and Certifications

• Addendum to Offeror Representations and Certifications - FAR and DOSAR

Provisions not Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFQ NUMBER 19PK33-21-Q-6000

PRICES, BLOCK 23

DESCRIPTION

The U.S. Embassy in Islamabad requires services from a social media developer/strategist to develop and manage content (in English and Urdu) for the American Spaces Pakistan Facebook page. The contract will be for a base year, with one one-year optional period of performance in accordance with Statement of Work (SOW).

1.1 TYPE OF CONTRACT

This is a firm fixed price contract payable entirely either in Pakistani Rupees PKR (if contractor is local) and in US Dollars (USD) if the contractor will be offshore. No additional sums will be payable for any escalation in the cost of materials, equipment, or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required.

1.2 PERIOD OF PERFORMANCE

The contract will be for a period of one-year, with one-year optional period of performance. We expect to commence by February 2021.

2.0 PRICING:

The rates below include all costs associated with providing monthly management in accordance with the attached scope of work.

2.2 “JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010

NOTICE:

UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT TO THIS

PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF 2% PERSUANT TO 26 U.S.C. 5000C”

2.2 Base Year:

The Contractor shall provide the services shown below for the base period of the contract, starting on the date stated in the Notice to proceed and continuing for a period of 12 months. The fixed unit prices, estimated quantities, and ceiling for each category are:

S.

No

Description of Services Quantity Measuring

Unit

Price per month*

Total

Price**

One Time Development Charges for

American Spaces Pakistan Facebook

Page

1 time

N/A

02 Media monitoring services in accordance with Statement of Work

12 Month

Total amount for Base Year

*Offshore or US based contractors can submit prices in USD. However, local contractors are required to submit prices in PKR.

** Offshore or US based contractors can submit prices in USD. However, local contractors are required to submit prices in PKR.

2.3 Option Year 1:

The Contractor shall provide the services shown below for Option Year 1, starting one year after the date stated in the Notice to Proceed and continuing for a period of 12 months.

S.

No

Description of Services Quantity Measuring

Unit

Price per month*

Total

Price**

02 Media monitoring services in accordance with Statement of Work

12 Month

Total amount for Base Year

2.4 Total for All Years:

Base Year Total

Option Year 1 Total

GRAND TOTAL OF BASE YEAR PLUS ALL OPTION YEARS

3.0 NOTICE TO PROCEED:

After contract award and submission of acceptable insurance certificates and copies of all applicable licenses and permits, the Contracting Officer will issue a Notice to Proceed. The Notice to Proceed will establish a date (a minimum of ten (10) days from date of contract award unless the Contractor agrees to an earlier date) on which performance shall start.

4.0 Value Added Tax (VAT):

Since Value Added Tax (VAT) is not levied in Pakistan so should not be applicable to this contract and shall not be included in the CLIN rates.

4.1 Special Requirements” Risk Analysis Management (RAM)

Offers that fall within our competitive range require additional processing for companies wishing to do business with the U.S. Embassy in Kabul, Afghanistan.

This extra risk analysis vetting is performed on key contractor personnel; including host country, third country, U.S. citizens, and Legal Permanent Residents of the United States.

The vetting process applies to all contracts, purchase orders, delivery orders, Blanket Purchase Agreements (BPAs), and BPA calls.

A request for information will be emailed to offerors in the competitive range or selected vendors, and all interested vendors must provide all information requested in the DS Form 4184, Risk Analysis Information. Vendors are required to submit the requested data required for vetting via a secure online portal linking them to the Risk Analysis Management (RAM) office; access to the Portal and instructions for creating an account will be provided to the vendor by email.

Successful passing of vetting is one condition of receiving award. Other factors are price reasonableness and technical acceptability. Each vendor should submit the requested data via the secure online RAM portal within 3-5 days after being contacted. Vendors who do not provide the information will not be considered for contract awards.

CONTINUATION/ADDENDUM TO SF-1449

RFQ NUMBER 19PK33-21-Q-6000

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATION/WORK STATEMENT

5. GENERAL INFORMATION:

The United States Embassy Islamabad requires professional services by social media developer/strategist to develop and manage content (in English and Urdu) for the American Spaces Pakistan Facebook page. The goal of this contract is to build a robust, responsive, and creative social media presence on Facebook for engaging existing American Spaces Pakistan audiences of emerging voices and youth influencers and attracting new audiences from across Pakistan. (Refer to Annex-I for more details on American Spaces Pakistan, and the services they offer).

5.2 PROJECT REQUIREMENTS:

The Contractor shall develop and then to managed Facebook page as described in this STATEMENT OF WORK. The contract will include advising on branding, content creation and editing (videos, graphics, and text), managing social media community engagement, hosting Facebook Live events, designing and administering advertising and cross-promotion, promotions, and detailed analytical reporting on post and program performance, audience demographics (gender & age), city-wise analytical data, times for most engagement, comparative performance analysis of static posts vs. Facebook Live programs, etc.

5.3. DESCRIPTION:

The American Embassy Islamabad, Pakistan requires professional services by social media developer/strategist to develop and manage content (in English and Urdu) for the American Spaces Pakistan Facebook page. The goal of this contract is to build a robust, responsive, and creative social media presence on Facebook for engaging existing American Spaces Pakistan audiences of emerging voices and youth influencers and attracting new audiences from across Pakistan. (Refer to Annex-I for more details on American Spaces Pakistan, and the services they offer).

5.4. GENERAL REQUIREMENTS:

1. The Contractor under this SOW shall be responsible for promoting upcoming events (refer to

Annex-II for sample events);

2. developing Facebook campaigns aligned with American Spaces Pakistan’s monthly programming themes to solicit youth opinions and views on the U.S. Mission to

Pakistan’s foreign policy priorities (refer to Annex-II for a list of monthly themes for calendar year 2021);

3. optimizing branding, co-hosting, cross-posting, and advertising opportunities for

American Spaces Pakistan’s frequent virtual programs; and

4. advising on strategies to attract and retain followers.

5.5 INSURANCE REQUIREMENTS

5.6 PERMITS

5.7. LOCAL LAW REGISTRATION

6.0 DELIVERABLES

The following items shall be delivered under this contract:

Description QTY Delivery Date Deliver to

Certificate of Insurance 1 N/A CO

Invoice (Per FAR Provision 652.232-70) 1 After completion of each month service

COR

7.0 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

7.1 This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold Services.

Provide services for social media developer/strategist to develop and manage content (in English and Urdu) for the American Spaces Pakistan Facebook page set forth in the scope of work.

1. thru 9.

All required services are performed and no more than one (1) customer complaint is received per month.

7.2 Surveillance. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

7.3 Standard. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Items), if any of the services exceed the standard.

7.4. Procedures.

7.4.1 If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

7.4.2 The COR will complete appropriate documentation to record the complaint.

7.4.3 If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

7.4.4 If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

7.4.5 The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

7.4.6 If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

7.4.7 The COR will consider complaints as resolved unless notified otherwise by the complainant.

7.4.8 Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the

Contracting Officer for appropriate action under the Inspection clause.

Statement of Work Development and Management of American Spaces Pakistan Facebook Page

Description Solicitation for a contract by social media developer/strategist to develop and manage content (in English and Urdu) for the American Spaces Pakistan Facebook page. The goal of this contract is to build a robust, responsive, and creative social media presence on Facebook for engaging existing American Spaces Pakistan audiences of emerging voices and youth influencers and attracting new audiences from across Pakistan. (Refer to Annex-I for more details on American Spaces Pakistan, and the services they offer)

The Facebook page is intended to complement and expand the face-to-face activities and programs of the American Spaces Pakistan network by:

5. promoting upcoming events (refer to Annex-II for sample events);

6. developing Facebook campaigns aligned with American Spaces Pakistan’s monthly programming themes to solicit youth opinions and views on the U.S. Mission to Pakistan’s foreign policy priorities (refer to Annex-II for a list of monthly themes for calendar year 2021);

7. optimizing branding, co-hosting, cross-posting, and advertising opportunities for American

Spaces Pakistan’s frequent virtual programs; and

8. advising on strategies to attract and retain followers.

The contract will include advising on branding, content creation and editing (videos, graphics, and text), managing social media community engagement, hosting Facebook Live events, designing and administering advertising and cross-promotion, promotions, and detailed analytical reporting on post and program performance, audience demographics (gender & age), city-wise analytical data, times for most engagement, comparative performance analysis of static posts vs. Facebook Live programs, etc.

At the moment, the American Spaces Pakistan target audiences of emerging voices and young changemakers are virtually lost to us online, and this Facebook page will provide us with the opportunities to engage with them, seek their perspectives, and offer them programs that can improve their lives.

Who is the target audience?

Our primary target audience are social media-savvy, undergraduate and graduate students, aged 17 to 26, who are interested in programs and content that helps them build new skills, express themselves, and make new connections, some of whom may have attended American Spaces Pakistan programs before.

Additionally, specific middle school, high school and professional audiences may be targeted for programs and content relevant to their academic and career needs, respectively.

Goal To build a robust, responsive, and creative social media presence on Facebook for engaging existing American Spaces Pakistan audiences of emerging voices and youth influencers and attracting new audiences from across Pakistan.

Objectives

● Promote 2-3 key upcoming virtual events for each of the 18 American Spaces per month

● Develop monthly thematic social media campaigns annually aligned with American Spaces

Pakistan’s programming themes to solicit youth opinions and views on the U.S. Mission to

Pakistan’s foreign policy priorities (refer to Annex-II for a list of programming themes)

● Optimize branding, co-hosting, cross-posting, and advertising opportunities for American Spaces

Pakistan’s frequent virtual programs with a minimum of 6 co-hosted or cross-posted programs per year and a minimum of 12 ad buys.

● Advise (on a monthly basis) on strategies to attract and retain Facebook followers based on

Facebook analytics, with an aim to reach 20,000 followers by the end of first year.

Where will the program take place?

Online.

How many posts are involved?

4 posts (Islamabad, Karachi, Lahore, and Peshawar): The scope of work for this contract includes the countrywide American Spaces network (refer to Annex-I for a complete list of American Spaces in Pakistan)

When will the program happen?

One month after contract award.

What is the period of performance?

One year with an optional period of another year that will be exercised at the will of the U.S. Government.

Required Skills:

Digital marketing companies operating in Pakistan with demonstrable expertise in handling Facebook accounts for reputed clients. The ideal applicant organization should have:

a) Strong organizational profile

b) Diverse & reputable clientele

c) Dedicated teams for content creation and

d) Knowledge of landscape of social media influencers, as demonstrated by how many such influencers with whom the company has previously worked

e) Minimum fanbase of 50,000 for a current Facebook page being handled by the company

f) At least 1 year of organizational experience

g) A creative, messaging and design aesthetic that is complementary to the U.S. Mission to

Pakistan’s other social media platforms.

And should be able to demonstrate these credentials through

● Description of the organization, along with any certifications held

● Brief overview of services provided

● Testimonials from past clients

● CVs of key staff members

● List of social media trainings completed

Annex-I About American Spaces in Pakistan

American Spaces are physical locations that welcome local residents to connect – with people, with ideas and with the United States through collaboration and self-discovery. They serve to build bridges between the people of the United States and Pakistan through various programs and events. The physical spaces impart a welcoming and inspiring American-themed environment and are also equipped with an array of resources, such as books, computers, other modern technology and information about the U.S., just to name a few.

American Spaces also regularly partner with different American or Pakistani organizations/individuals to bring innovative programs to the space. The variety of programs and events held are free and open to the public and enable U.S. & non-U.S. citizens to increase mutual understanding, collaboration and partnership.

The network of 17 American Spaces in Pakistan consists of one American Center at the U.S. Embassy in Islamabad and 16 Lincoln Corners spread across the country.

American Center Islamabad

American Center Islamabad is the main resource in Pakistan for American culture, education, and information. A comfortable, tech-forward space for open dialogue, idea generation and innovation, the American Center organizes a wide variety of activities, including discussions on policy issues, speaker series, workshops, movies, and discussion clubs.

The American Center is a place full of social interaction where you can think and work creatively, build cultural bridges, collaborate and make new acquaintances. Our visitor friendly space is free and open to everyone on an appointment basis.

Lincoln Corners (LC)

Lincoln Corners are partnerships between the Embassy of the United States of America and selected institutions in Pakistan. Located within universities, public libraries, and cultural centers, Lincoln Corners are multi-media resource centers, where visitors can connect, practice their English, and learn about America in many different ways.

Lincoln Corners (LCs) provide access to current and reliable information about America through books, magazines, movies, and more. They offer comfortable spaces for learning and open dialogue. Free wi-fi Internet is available to access U.S. information websites and eLibraryUSA research databases. Cultural programs, speakers, and special events bring added excitement to the spaces.

Currently there are 16 Lincoln Corners open across Pakistan. Each Lincoln Corner is staffed by a Lincoln Corner Coordinator – a bilingual Pakistani professional who is available to assist visitors with specific interests about America.

Given below is a list of Lincoln Corners in Pakistan and their corresponding USG Posts.

1. Lincoln Reading Lounge at the National Library of Pakistan - managed by U.S. Embassy Islamabad

2. Susan B. Anthony Reading Room at the Fatima Jinnah Women University - managed by U.S.

Embassy Islamabad

3. LC Muzaffarabad at the University of Azad Jammu Kashmir - managed by U.S. Embassy Islamabad

4. Pakistan America Friendship Reading Room at the Municipal Library Skardu - U.S. Embassy

Islamabad

5. LC Lahore at the Information Technology University (Lahore) - managed by U.S. Consulate Lahore

6. LC Faisalabad at the Govt. College University (Faisalabad) - managed by U.S. Consulate Lahore

7. LC Sargodha at the University of Sargodha (Sargodha) - managed by U.S. Consulate Lahore

8. LC Multan at the Bahauddin Zakariya University (Multan) - managed by U.S. Consulate Lahore

9. LC Vehari at the University of Education (Vehari) - managed by U.S. Consulate Lahore

10. LC Karachi at the Liaquat Memorial Library (Karachi) - managed by U.S. Consulate Karachi

11. Pakistan American Cultural Center (Karachi) - managed by U.S. Consulate Karachi

12. LC Hyderabad at the Shamsul Ulema Daudpota Library - managed by U.S. Consulate Karachi

13. LC Khairpur at the Sachal Sarmast Library (Khairpur) - managed by U.S. Consulate Karachi

14. LC Larkana at the Sir Shah Nawaz Bhutto Memorial Library (Larkana) - managed by U.S. Consulate

Karachi

15. LC Peshawar at the Institute of Management Sciences (Peshawar) - managed by U.S. Consulate

Peshawar

16. Eleanor Roosevelt Corner at the Shaheed Benazir Bhutto Women University (Peshawar) - managed by U.S. Consulate Peshawar

Lincoln Corner Audiences:

Keeping in mind the widespread LC network across Pakistan, the audiences we cater to have varying levels of English language proficiency. Undergrad students from across the country constitute an estimated 55% of the visitors, followed by graduate & post-graduate students at 20%, highschool & college students at 15%, and young professionals at 10%.

Annex-II

Sample Lincoln Center events and corresponding monthly themes and/or international observances

1. Event type: Panel Discussion (hosted on Zoom)

Title: Exploring Causes & Consequences of Violence against Women & Girls International Observance: 16 days of activism against gender-based violence Monthly Theme: Innovation Audience: Around 100 participants from various universities in Islamabad, Rawalpindi & Muzaffarabad LCs involved:Susan B. Anthony Reading Roomand LC Muzaffarabad

2. Event type: Conversation Club (hosted on Zoom)

Title: To create a greater awareness of issues related to entrepreneurship & women in business International Observance: Global Entrepreneurship Week Monthly Theme: Innovation Audience: Fifteen young aspiring female entrepreneurs from Muzaffarabad & Rawalpindi LC involved: LC Muzaffarabad

3. Event type: Speaker Session (hosted on Zoom)

Title: How to protect yourself from hackers when accessing public WiFi International Observance: N/A Monthly Theme: Cybersecurity Awareness Month Audience: Twenty-five participants from University of Azad Jammu Kashmir, Muzaffarabad LC involved: LC Muzaffarabad

4. Event type: Coding Bootcamp (hosted on Zoom, 2-week long)

Title: Virtual App Development Camp International Observance: N/A Monthly Theme: Innovation Audience: Eighteen participants from American School of International Academics, Lahore LC Involved: LC Lahore

5. Event type: Open Mic (hosted on Zoom)

Title: Open Mic... To End Gender based Violence International Observance: 16 days of activism against gender-based violence Monthly Theme: Innovation Audience: 60-70 participants from across Pakistan, India & Afghanistan LC Involved: LC Karachi, LC Hyderabad, LC Khairpur and PACC

6. Event type: Panel Discussion (Facebook Live)

Title: GBV in Schools, Workplaces, and Domestic Violence International Observance: 16 days of activism against gender-based violence Monthly Theme: Innovation Audience: 100+ Facebook Live audience LC Involved: LC Peshawar and Eleanor Roosevelt Corner Peshawar mailto:sbarr@lincolncorner.net

Monthly Themes for calendar year 2021 The monthly themes given below are followed by the countrywide American Spaces network for arranging events. These are recommended themes to plan & organize public events. Other activities/events that are beyond the ambit of the monthly themes are also organized by each LC.

January Civil Rights February Diversity March Women’s Leadership April Health May Media Literacy June Regional Bonds July Civic Participation August Education September Tolerance October Cybersecurity November Innovation December Inclusion

International Observances A complete list of international observances can be accessed here.

Frequency of LC Programs/Events The number of public engagement activities vary for all LCs. Nationwide in FY 2019, on average 9-10 in-person events were organized on a monthly basis by each LC. Since March 2020, when Pakistan began to feel the effects of COVID-19, till the end of October, the national monthly average dropped to 3-4 virtual events by each LC with a marked increase in program attendance.

The American Center Islamabad’s programming average before COVID-19 stood at 2-3 in-person events per month, the post pandemic average is currently at 1 virtual event every month.

https://app.box.com/s/kydcf9kd3dqe30p5m1mf40hmf5wfq025

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT

2018) and (DEVIATION 2017-02) (JUNE 2017, is incorporated by reference (see

SF-1449, Block 27A)

52.212- 5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS-COMMERCIAL ITEMS (AUG 2020)

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

Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

As prescribed in 4.2105(b), insert the following clause:

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(Aug 2020)

(a) Definitions. As used in this clause—

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);

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_203-19 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#id189A70O0P1N https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#unique_1216363765 https://www.acquisition.gov/far/4.2105#FAR_4_2105

(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.

(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.

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

(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.

(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 items.

(End of clause)

(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)).

(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 items:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

2020) (41 U.S.C. 3509)).

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__ (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].

X (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. (JUN 2020) (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 (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR

2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14)

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

__ (ii) Alternate I (MAR 2020) 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 (JUN 2020) (15 U.S.C. 637(d)(4)).

https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1063607 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1064214 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1064243 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057314 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057352 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057352 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057393 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057393 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057393 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057419 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i1057419 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses?&searchTerms=%2A#i52_219-9

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

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

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

__ (v)Alternate IV (JUN 2020) of 52.219-9

__ (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.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting 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 (MAR 2020) (15 U.S.C. 657f).

__ (22)

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

2020) (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 (MAR 2020) (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 (Mar2020)

(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)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and

Remedies (JAN2020) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30)

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

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

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__ (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.

__ (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).

__ (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 (JAN 2019) (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).

__ (36) 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.)

__ (37)

(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 commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)

(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.

__ (41)

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

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