75ACF122Q00071 RFQ.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

CODE 16. ADMINISTERED BYCODE

X

X

X

512110

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORACF

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/14/2022

ALYSON ALLMAN

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIME

09/20/2022 1500 ET

b. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

75ACF122Q00071

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 39 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20201

330 C ST., SW

MARY E. SWITZER BUILDING

Administration for Children and Families

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$35.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Admin for Children and Families

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Contractor shall provide all labor, materials, and travel to perform in accordance with the price schedule, statement of work, and all terms and conditions contained herein.

Period of Performance: 09/30/2022 to 09/29/2023

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

MARK A. BLEVINS

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

202-565-0178

Administration for Children and Families

MARY E. SWITZER BUILDING

330 C ST., SW

Washington DC 20201

Admin for Children and Families Administration for Children and Families

MARY E. SWITZER BUILDING

330 C ST., SW

Washington DC 20201

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

39 2 of

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Continuation of SF1449:

Part B – Administrative Data

B.1 POINTS OF CONTACT (POC)

Requiring Activity:

U.S. Department of Health and Human Services (HHS) Administration for Children and Families (ACF) Office of Community Services (OCS)

Contracting Activity:

Research and Knowledge-Based Services Office of Government Contracting Services (GCS) Administration for Children & Families (ACF) Department of Health and Human Services (HHS)

Contracting Officer (CO):

Mark Blevins Contracting Officer Office of Government Contracting Services (GCS) Administration for Children & Families (ACF) Department of Health and Human Services (HHS)

(202) 989-5530 mark.blevins@acf.hhs.gov

Contract Specialist (CS):

Alyson Allman Contract Specialist Office of Government Contracting Services (GCS) Administration for Children & Families (ACF) Department of Health and Human Services (HHS) alyson.allman@acf.hhs.gov Office/Mobile: 202-565-0178

Contracting Officer Representative (COR):

Holly Ravesloot Office of Community Services (OCS) Administration for Children & Families Department of Health and Human Services E‐mail: holly.ravesloot@acf.hhs.gov

Contractor:

TBD

B.2 INVOICING

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) All Invoice submissions for goods and or services delivered to facilitate payments must be made electronically through the U.S. Department of Treasury’s Invoice Processing Platform System (IPP).

Invoice Submission for Payment means any request for contract financing payment or invoice payment by the mailto:mark.blevins@acf.hhs.gov mailto:alyson.allman@acf.hhs.gov mailto:holly.ravesloot@acf.hhs.gov

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

The Agency will enroll the Contractors new to IPP. The Contractor must follow the IPP registration email instructions for enrollment to register the Collector Account for submitting invoice requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive Registration email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 – 5 business days of the contract award for new contracts or date of modification for existing contracts.

Registration emails are sent via email from ipp.noreply@mail.eroc.twai.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email to IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

The Contractor POC will receive two emails from IPP Customer Support, the first email contains the initial administrative IPP User ID. The second email, sent within 24 hours of receipt of the first email, contains a temporary password. You must log in with the temporary password within 30 days.

If your company is already registered to use IPP, you will not be required to re-register.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment as authorized by HHSAR 332.7002, a written request must be submitted to the Contracting Officer to explain the circumstances that require the authorization of alternate payment procedures.

Additional Office of Government Contracting Services (OGCS) requirements:

(i) The contractor shall submit invoices under this contract once per month. For indefinite delivery vehicles, separate invoices must be submitted for each order.

(ii) Invoices must break-out price/cost by contract line item number (CLIN) as specified in the pricing section of the contract.

(iii) Invoices must include the SAM UEI of the Contractor.

(iv) Invoices that include time and materials or labor hours CLINS must include supporting documentation to: (1) substantiate the number of labor hours invoiced for each labor category, and (2) substantiate material costs incurred (when applicable).

B.3 BRIEF DESCRIPTION OF SERVICES

The Department of Health and Human Services (DHHS), Administration for Children and Families (ACF), Office of Community Services (OCS) requires contractor services for shooting, editing, and production of videos of lifting up grant recipient voices from the field to illustrate a variety of program components.

B.4 CONTRACT TYPE

This procurement is conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) Part 12 and FAR subpart

13.1 procedures. This solicitation is issued IAW FAR 13.106-1. The contract’s anticipatory financial arrangement will be hybrid fixed price (FP) and time and materials (T&M). There will be only a base year period, with a targeted award date of September 30, 2022 and ending on September 29, 2023. The contracting officer has determined the subject services and any allied supply items are commercial in nature as defined in FAR Part 2. IAW 13 CFR §121.402, the CO chose North American Industry Classification System (NAICS) Code 512110 “Motion Picture and Video Production”, which has a size standard of $35M. See https://www.census.gov/naics. The format of the solicitation and resulting contract will adhere to FAR 12.303. In the event there is an inconsistency in the language of this solicitation, IAW FAR 12.102(c), FAR Part 12 procedures take precedence. No personal services, no inherently government functions, and no advisory and assistance services shall be sought or paid for by the Government.

B.5 SEVERABLE SERVICES

The services acquired under this contract are commercial, severable, and non-personal services. Funds are only available for use for the contract line item (CLIN) to which they are obligated.

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B.6 CONSIDERATION AND PAYMENT

In consideration of satisfactory performance of the work described in Attachment 1, the contractor shall be paid on a FFP basis for the videos and on a T&M basis for the travel as stated below for the period of performance.

The total amount of videos that will be required is not known however the Government anticipates between seven and ten videos will be required. The contractor shall be paid at the completion and acceptance of each video requested up to a maximum of ten videos.

B.7 PRICE SCHEDULE

The period of performance for this task order is September 30, 2022 – September 29, 2023 as noted herein.

Voices from the Field Videos 9/30/2022 – 9/29/2023

ITEM SUPPLIES/SERVICES Quantity Unit Fixed Unit Price

TOTAL

PRICE

0001 FFP Maximum of 10 Videos – including production, shooting, and editing

10 Each $

0002 T&M Travel - NTE 1 Lot $ 32,400.00 $ 32,400.00 NTE

Total Price $

B.8 TRAVEL

Contractor travel: All travel within 50 miles of the Contractor personnel’s assigned work office (field, regional, or HHS HQ) is included in the price of this contract. When movement of Contractor personnel is required locally (i.e. metro) costs will be borne by the Contractor. The Government will pay the Contractor for all other travel outside the 50 mile limitation that was authorized in advance by the CO or COR, for reasonable travel related expenses. Travel outside the local commuting area for some Contractor employees may be required under this contract. The task order includes a CLIN for travel for the base period with a NTE value. Travel costs shall not include any markup, passthrough costs, or profit. Contractor shall not exceed ceiling and shall notify the Government when 75% of funds have been expended to determine if additional funding is necessary. If necessary, additional funding will be provided via contract modification.

The Government anticipates that the Contractor may be required to travel CONUS during the performance of this task order to attend meetings, conferences, and training, as needed. All requests for Contractor travel must be approved by the CO or COR prior to commencing. The Contractor shall submit a Cost Estimate that includes the following:

a. Reason for Traveling

b. Temporary Duty Location

c. Number of Individuals Traveling

d. Estimates for Hotel, Air Fare, Parking, Mileage, Rental Car, and Per Diem

Travel includes transportation, lodging, meals and incidental expenses incurred by the contractor; these travel expenses will be allowed under this CLIN and is subject to the limitations contained in the Federal Travel Regulation (FTR). They should not be included in the offeror’s quote and will be permitted only after approval by the contracting officer or contracting officer’s representative and shall be limited by the FTR and the CLIN NTE totals.

B.9 NON-PERSONAL SERVICES STATEMENT

Contractor employees performing services under contract will be paid, evaluated, controlled, directed and supervised at all times by management personnel of the Contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the Contract. Contractor employees will perform their duties independent of, and without supervision of, any government official.

The duties, and responsibilities set forth in the Contract may not be interpreted or implemented in any manner

75ACF122Q00071 – OCS Voices from the Field Videos Page 6 of 39 that results in any Contractor employee creating or modifying Federal Policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Subparts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

STATEMENT OF WORK: SEE ATTACHMENT 1

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SECTION C – CONTRACT CLAUSES AND TERMS AND CONDITIONS

The following are addenda to FAR Clause 52.212-4, included by reference below:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html

FAR

Clause

Title Date

52.203-3 GRATUITIES APR 1984

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS

NOV 2021

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

NOV 2021

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.242-13 BANKRUPTCY JUL 1995

(End of Clause)

C.2 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL

CONTRACTORS (OCT 2021)(DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

http://www.acquisition.gov/far/index.html

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(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

C.3 DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION REGULATION (HHSAR) (48

CFR CHAPTER 3)

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

https://www.hhs.gov/policies/hhsar.

The applicable provisions/clauses are as follows:

Clause Title Date

352.203-70 Anti-Lobbying December 2015

352.208-70 Printing and Duplication December 2015

352.211-1 Public Accommodations and Commercial Facilities December 2015

352.222–70 Contractor Cooperation in Equal Employment Opportunity Investigations

December 2015

352.224–70 Privacy Act December 2015

352.224–71 Confidential Information December 2015

352.237-74 Non-Discrimination in Service Delivery December 2015

352.239-74 Electronic and Information Technology Accessibility December 2015 https://www.saferfederalworkforce.gov/contractors/ https://www.hhs.gov/policies/hhsar

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C.4 HHSAR 352.232-71 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (FEB 2022)

(a) Definitions. As used in this clause—

(1) “ Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Department of Treasury Invoice Processing Platform (IPP) or successor system. Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with HHS procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

Unless further changes are required, the Department of Health and Human Services shall notify the Contractor of the effective date of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests by providing written notice to the Contractor within thirty (30) days of implementing the HHS Electronic Invoicing Implementation Project (E-Invoicing) and within thirty (30) days of the anticipated finalization of the clause at HHSAR 352.232-71 Electronic Submission of Payment Requests, via public special notice issued through the SAM.gov portal. However, for purposes of this award or modification, the effective date shall be the date signed by the parties.

(End of Clause)

(End of Addenda to 52.212-4)

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

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

(4) 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:

[] (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).

[] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (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 (OCT 2016) (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. (OCT 2015) (31 U.S.C. 6101 note).

[] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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 (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (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 (NOV 2016) of 52.219-9.

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

[X] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (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)).

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[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

[X] (22) 52.219-28, Post Award Small Business Program Representation (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)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[X] (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

[ X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (JUL 2014) of 52.222-35

[X] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

] (ii) Alternate I (JUL 2014) of 52.222-36

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

[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496)

[X ] (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[X ] (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (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. 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

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

[ ] (ii) Alternate I (JUN 2014) of 52.223-14

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[ ] (43)(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] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513)

[ ] (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

[ ] (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

[ ] (iii) Alternate II (JAN 2021) of 52.225-3.

[ ] (iv) Alternate III (JAN 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O’.s, proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (52) 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)

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150)

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150)

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021)

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.

4505, 10 U.S.C. 2307(f).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (OCT 2018) (31 U.S.C.

3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

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[ ] (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

[ ] (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (APR 2003) of 52.247-64.

[ ] (iii) Alternate II (NOV 2021) 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 provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (3) 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).

[ ] (4) 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).

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment - Requirements (MAY 2014) (41 U.S.C. chapter 67)

[ ] (6) 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).

[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (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 transactions 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 disputes 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.

https://www.acquisition.gov/far/part-4#FAR_Subpart_4_7

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(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services. 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 (NOV 2021) (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, or 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunication and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (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).

(xii) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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 Maintenance, 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 (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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)

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(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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 (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

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SECTION D – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment 1 – Statement of Work

Attachment 2 – Organizational Conflict of Interest Statement

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SECTION E - SOLICITATION PROVISIONS

E.1 INSTRUCTIONS TO QUOTERS

1. The sole points of contact for this acquisition are the Contract Specialist and the Contracting Officer. Quotes must be sent by email to the Contract Specialist no later than September 20, 2022 at 3:00 PM Eastern Time

(ET).

All questions, comments and requests for information regarding this acquisition shall be sent by email, which include solicitation number in the subject line of the email, to:

Name: Alyson Allman, Contract Specialist E-mail: alyson.allman@acf.hhs.gov

2. Questions/Comments for the RFQ shall be submitted by email to the Contract Specialist identified above no later than September 16, 2022 at 11:00 am ET to ensure Government consideration.

3. This portion of Instructions to Quoters provides general information preparing the quotes.

a. The quote shall include all data and information requested herein and must be submitted in accordance with these instructions by the noted deadlines.

b. The quotes shall be clear, concise, and include sufficient detail for effective evaluation of the Quoter’s capabilities to perform the requirements outlined in the SOW. The quote shall provide rationale to address how the Quoter intends to meet the requirements set out in the SOW. Quoters shall assume that the Government has no prior knowledge of their capabilities and experience, and will base its evaluation solely on the information presented in the quote. Evaluations shall be made utilizing only the documents and information provided in the quote.

c. Quoters are advised that their quotes are presumed to represent their best efforts and most complete responses to this solicitation. Cursory responses or responses which merely reiterate the PWS will be considered unacceptable. The Contracting Officer retains the authority to determine what constitutes an unacceptable quote.

d. The quote shall be compliant with all requirements as stated in the SOW and the RFQ. Quotes that do not contain all information required in this RFQ at the time of submission shall automatically be rendered technically unacceptable and will not be eligible for award. No exceptions will be made by the Government.

e. Quoters are advised that their proposal should agree to hold the prices in its offer firm for 90 calendar days. Provision 52.212-1, paragraph (c) is hereby tailored to extend the 30-day response period to 90 days.

4. This section provides specific instructions on the format and content of the quotes. Each section shall be a

“stand alone” document and be complete by itself.

a. Quotes will consist of submitting two separate sections:

Section I - Price shall be separated as follows:

• Part 1 – Signed 1449 and any signed amendments;

mailto:alyson.allman@acf.hhs.gov

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• Part 2 – Completed Price Schedule

• Part 3 – Signed Attachment 2

• Part 4 – Breakdown of pricing for videos

Section II – Technical shall be separated as follows:

• Part 1 – Technical Approach

• Part 2 – Corporate Experience

i. Electronic copies of the quote shall be submitted in Adobe Acrobat (.pdf) format. Documents shall be saved and labeled by Section so that it is easily identified. If information is submitted in other than the required format, the quote is technically unacceptable and will not be considered for award.

ii. Use tabs and section separators to permit rapid location of all portions of the quote.

iii. Page limit for technical section is 15 pages (not including table of contents and appendices)

iv. No background shall be used, and the color of each page shall be white stock only.

v. Use font Times New Roman or Arial, with a font size no smaller than 11 point.

vi. Each page shall include a header that identifies the RFQ number and name, and the quoter (abbreviations are acceptable to keep the Header to a single line); and a footer that identifies the page number (using the numbering style: page X of XX pages), and a statement:

“Confidential Proposal Documents.”

b. Tables of Contents. The Technical Section shall contain a detailed table of contents to delineate the

Sections and divisions/subparagraphs within that Section. The Technical section shall also contain a glossary of all abbreviations and acronyms used, with an explanation for each. No abbreviations or acronyms shall be used on the Price quote unless a DETAILED explanation is provided to ensure understanding by all parties.

c. Technical Appendices: The technical appendices shall only include the following:

• descriptions of projects similar in scope and complexity (limited to three pages each) to include working links to view the video projects (if the links do not work the Government will not make any attempts to contact the offeror to correct this);

d. Section I – Price – The following identifies the information that shall be submitted in each Part listed below in this section:

Solicitation, Offer and Award (SF 1449) (Part 1). When completed and signed by the offeror constitutes the offeror's acceptance of the terms and conditions of the proposed task order. Therefore, the form must be executed by representatives of the offeror authorized to commit the offeror to contractual obligations. Offerors shall sign the SF 1449 in Block # 30a.

Supplies or Services and Prices/Costs (Part 2 and Part 4). The information requested is required to enable the Government to determine price reasonableness. The Offeror shall complete the Pricing Schedule contained in the RFQ. The Offeror shall also provide a breakdown of pricing to show how the fixed unit price rate was derived to include labor categories, hours assigned to that category, and fixed hourly rates.

Organizational Conflict of Interest Statement (Part 3). The offeror and each subcontractor, consultant, and teaming partner shall complete and sign an Organizational Conflict of Interest (OCI) Statement.

The OCI Statement shall identify any actual or potential conflicts of interest(s) under this task order.

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e. Section II – Technical – The following identifies the information that shall be submitted in each Part listed above:

Part 1 – Technical Approach In this section the quote shall demonstrate the following:

a) Detailed information regarding how offeror will meet all requirements of the Statement of Work;

b) Description of the proposed roles and major responsibilities of staff;

Part 2 – Corporate Experience In this section the quote shall demonstrate the following:

a. the organization’s track record in meeting deadlines and demonstrating flexibility in completing video productions including: (1) concept development (treatment/production guide feedback, visual approach/one-pager presenting the proposed visual style, shooting script, and/or storyboard), (2) rough cut, (3) fine cut, and (4) final cut. Please include your years of experience.

b. Successful experience in creating video content related to:

• developing content for complex social service program implementation,

• integrating all phases of program implementation including state, Tribe, territory, non-profit, local unit of government and beneficiary into one concise production (less than 10 minutes),

• demonstrated ability to use trauma informed practice,

• demonstrated ability to course correct when concept changes onsite during production,

• development of supplemental footage that enhances the message/story.

• awareness and techniques used to respectfully engage individuals and families who have sustained recurring trauma due to persistent poverty,

• experience working directly with and filming multiple tribes,

c. Successful experience coordinating with a program office to refine and edit video content including details on the various iterations to obtain a successful deliverable.

d. Describe and provide examples (up to five) of your successful experience filming vulnerable populations, both tribal and non-tribal, who have received social services. Clearly detail the process for setting up the production, identify challenges faced, and how those challenges were resolved. Examples must include working links to videos of examples provided.

NOTICE: CONTRACTOR IS NOT TO TAKE EXCEPTION TO OR CHANGE THE LANGUAGE HEREIN.

The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html

FAR

Number

Title Date

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52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

352.239-73 ELECTRONIC INFORMATION AND TECHNOLOGY

ACCESSIBILITY NOTICE

DEC 2015

(End of Provision)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a hybrid Fixed Price, Time and Material contract resulting from this solicitation.

(End of Provision)

E.4 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(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

75ACF122Q00071 – OCS Voices from the Field Videos Page 21 of 39 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. 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.