C9 HQ0516-22-R-0066 Combined Synopsis (SAM).pdf

COMBINED SYNOPSIS/SOLICITATION:

HQ0516-22-R-0066

Title: Electric Distribution - Television Programming

Description(s): Combined Synopsis/Solicitation

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

a. Solicitation Number: HQ0516-22-R-0066 is being issued as a Request for Proposal (RFP) and incorporates the following with the word "quoter" substituted for "offeror".

b. Provisions and clauses are those in effect through both Federal Acquisition Circular 2022-06, effective 26 May 2022 and DFARS Change Notice 23 June 2022.

c. This procurement is brand name or equal associated with NAICS Code 512120 with a size standard of $34.5M employees.

d. Review the following clauses incorporated by reference and clauses incorporated by full text and answer any questions that may be contained in the clauses.

RFP DUE DATE: The RFP due date for responses is no later than 10:00 a.m. (ET), Tuesday, 6 September 2022

Approval:

Contracting Officer Date:

INSTRUCTIONS & CONTRACT AWARD

INSTRUCTIONS TO VENDORS

Proposals shall include all of the following information in order to be considered for award:

(1) Price Proposal

(2) Completed FAR Provisions 52.204-24 and 52.204-26

(3) Administrative Information:

a) GSA Schedule Number (if applicable)

b) Point of Contact name, phone number, and email address;

c) Tax identification number (TIN);

d) SAM UEI Number; and

e) CAGE Code

Note: All vendors must be actively registered in www.SAM.Gov to receive award.

EVALUATION and CONTRACT AWARD

a. Award will be made to the contractor whose quote is determined to represent the overall best value to the

Government using an LPTA evaluation process. The evaluation factors identified below will be used in the determination of technical acceptability.

b. The Government will evaluate the best value proposal. If the lowest price quote is determined to be technically acceptable and otherwise properly awardable, award will be made to that contractor.

(1) Proposals will be evaluated using Exhibit 1:

Exhibit 1 – Evaluation Table Acceptable: A proposal is acceptable if it demonstrates to the government evaluators that the contractor proposed products meet the requirements outlined in the RFP.

Unacceptable: A proposal will be deemed unacceptable if the contractor’s proposed items do not meet the product’s requirements as outlined in the RFP.

(2) Price Proposal shall clearly indicate a total price for meeting all requirements within the contract line items numbers (CLINs). All proposed pricing details shall be included only in the Price Proposal and not in any other sections of the quote.

Note: All vendors must be actively registered in https://sam.gov/ to be eligible for award.

c. All proposals received in response to this RFP shall remain valid for 90 calendar days from the quote due date below.

Statement of Work & Licensing Agreement as of 3 August 2022

Contract Number: TBD Task Order Number: N/A Tracking Number: HQ0516-22-R-0066 Follow-on to Previous Contract Number: HQ0516-21-P-0010

1. Contracting Officer Representative (COR).

Primary COR.

Name:

Organization: AFN-BC (DMA-Riverside) Department of Defense (DoD) Activity Address Code (DODAAC):

HQ0030

Address: 23755 Z Street, Riverside CA 92518 Phone Number:

E-Mail Address:

2. Contract Title. Television Programming for American Forces Network (AFN)

3. Background. The American Forces Network- Broadcast Center located in Riverside, California, provides stateside radio and television programming – “a touch of home” – to approximately one million U.S. service men and women, DoD civilians and their families serving outside the United States in 175 countries and aboard 140 Navy ships at sea. The AFN- BC affiliates receive programs from AFN-BC via a fully encrypted satellite transmission (currently Cisco Systems/Scientific Atlanta’s PowerVu Plus) and/or by mail to authorized AFN television outlets outside the contiguous United States. The programs are for their non-commercial distribution/ presentation via television broadcast frequencies, encrypted, digitally compressed satellite transmission, and/or limited closed-circuit distribution systems.

4. Objectives. The objective of this requirement is to provide AFN television services with programming received from the distribution rights holder, Electric Distribution Inc (“Electric Distribution” or “Contractor”).

5. Scope. The scope of the work requires permission for AFN to broadcast each program or portions of programs that is limited to such rights as Electric Distribution may actually have upon the date a request for permission to record and/or distribute such program is granted.

6. Specific Tasks.

6.1 Task 1 – Program Delivery & License Agreement

The Contractor shall provide AFN access, distribution and technical/program support services (i.e. formats, promotional materials, associate director listen lines) only to those programs to which the Contractor has the distribution rights. Should AFN request that the Contractor provide feeds of programming to which the Contractor does not hold distribution rights, such as sports, awards shows and other programming for which third parties own distribution rights, and for which Electric Distribution maintains all other rights related to the broadcast of such programming, AFN shall obtain from the underlying program rights holder such additional distribution rights, to include authorizations and clearances necessary to enable AFN to broadcast such programming. The Contractor shall make reasonable efforts to advise AFN of the underlying rights holders but failure to do so will not relieve AFN of its obligation to secure needed permission for distribution. It will be the responsibility of AFN to provide the Contractor with documented evidence of such distribution clearances and/or other associated rights when necessary.

AFN may only record, process and broadcast television programming distributed by the Contractor which has been authorized by the Contractor for AFN use.

AFN shall obtain all authorizations and clearances necessary to enable it to broadcast each program. Specifically, AFN will obtain all necessary union and guild clearances for its use of each program from the owners of music, literary rights and other properties included in the program. Electric Distribution shall make reasonable efforts to advise AFN of the persons, firms or corporations from whom AFN must obtain clearances pursuant hereto, but Electric Distribution’s failure to do so shall not relieve AFN of its obligation under the provisions of this paragraph.

Programs which Electric Distribution is marketing in foreign countries will not be used by AFN in a manner which will interfere with Electric Distribution’s commercial efforts.

At the request of the Contractor, AFN will promptly discontinue the use of any specified program or series of programs.

Upon notice from the Contractor, AFN will delete any program the Contractor deems inappropriate, for whatever reason, to televise in any geographic region. When a program or series of programs is discontinued then the parties will negotiate in good faith for replacement programming of comparable value as a substitute for the program(s) that was discontinued or a reduction in the price of the affected delivery order. In the event Electric Distribution discovers that through no fault of Electric Distribution, the license held by its licensor has been declared invalid, or any other problems beyond Electric Distribution’s control creates a situation in which Electric Distribution cannot deliver the titles included herein, Electric Distribution may request that the Contracting Officer authorize substitution(s) of other titles(s). However, AFN is under no obligation to accept offered substitute title(s). In the event AFN agrees to authorize substitution of title(s), AFN will issue a bilateral (two-party signature) modification agreeing to the submission. Notice will be sent to the COR.

6.2 Task 2 - Delivery of Media.

The Contractor shall deliver all available media by the specified delivery date and then deliver remaining episodes on a weekly/monthly basis, until receipt of all available episodes. Materials for already completed seasons should be delivered in one shipment by the specified delivery date. If the format or method specifications are different from the formats and methods historically provided by Contractor to AFN, Media Management shall be contacted to confirm format and delivery method specifications. Contact the COR at 951-413-2296 or Alternate COR at 951-413-2574 or via email to dma.march.afrts.list.dpti-media- management@mail.mil.

The delivery mechanism for licensed programming ordered by AFN shall be decided by the mutual agreement of the parties consisting of one of the following mechanisms.

1. Digital Transfer from the licensor using File Transfer Protocol (FTP). Currently this is the delivery mechanism and digital format preferred by AFN.

2. Direct decoder authorization downlink with the licensor’s domestic distribution network or third-party distribution feed (e.g., CBS, NBC, Fox).

3. Record from a third-party commercial satellite platform (e.g., DirecTV, over-the-air broadcast) subject to AFN also receiving prior approval from the third-party. Approval may take the form of an email or other written means to document the approval.

4. Delivery, at Electric Distribution Inc.’s sole expense, physical media to include tapes, hard drives and/or DVD’s in ATSC formats.*

In the future other media formats may prove to be mutually beneficial and may be employed by the mutual consent of the parties.

7. Performance Standards.

Performance Standard Acceptable Quality Level (AQL) Method of Surveillance Subtask 6.2 – Media shall be broadcast quality; English version meeting NTSC technical standards including Closed Captioning and meets broadcast network television content standards.

Materials contain required information and are delivered on time at least 90% of the time.

Revisions that occur are minor and are resolved in a satisfactory manner.

Quality checked for any technical issues.

8. Place of Performance. The work will be performed at the AFN Broadcast Center, Riverside, CA.

No travel is required in order to perform the tasks in the SOW.

9. Period of Performance and Termination. The period of performance is for a one-year base year and four (4) option years. This agreement may be terminated upon 30 days written notice by either party. This contract contains the entire understanding of the parties and cannot be changed or terminated orally.

10. Delivery Schedule.

SOW

Task#

Deliverable Title

Format Due Date Distribution/Copies Frequency and

Remarks

6.2 Programs Contactor’s format Per delivery

order

Contact dma.march.afrts.list.

dpti-media-management@mail. mil to determine.

Per delivery order

*Standard Distribution: 1 copy of the transmittal letter without the deliverable to the KO; 1 copy of the transmittal letter with the deliverable to the Primary COR.

11. Security Requirements.

11.1 Television programming made available to AFN by Electric Distribution will be cleared for transmission by AFN through standard broadcast, satellite, or closed-circuit distribution systems. To ensure the security of program material distributed by satellite transmission, The AFN-BC affiliates receive programs from AFN-BC via a fully encrypted satellite transmission (currently Cisco Systems/Scientific Atlanta's PowerVu Plus).

11.2 AII recordings will remain in the custody and control of AFN and will be restricted to non-commercial use on AFN stations and outlets authorized by the Department of Defense, which includes U.S. Navy and Coast Guard ships equipped with closed-circuit television facilities.

The use of programming materials, in whole or part, for any other purpose is prohibited.

Programming provided to AFN stations overseas via satellite from AFN may be recorded for delayed telecast only as authorized by AFN. The same security measures will apply to duplicate copies as to original videotape recordings. All copies will be erased as soon as local station operational requirements are met. Reproduction shall be accomplished only to the extent required to support the distribution of the programming and may be performed by AFN personnel or by commercial duplication contractors at the option of AFN, when applicable. Commercial duplication contractors are required to certify to AFN that they adhere to media industry procedures and standards for control and security of all master and duplicated media. All copies will be erased or destroyed at the end of the rights period.

11.3 AFN assures it shall protect the integrity of all news, news analysis, commentary programs and special reports. No change will be made in the editorial content of programming materials used.

AFN retains the right to delete a program in its entirety when a segment or the entire program contains material that may be offensive to a host nation. Each program will be broadcast exactly as originally telecast except that Electric Distribution shall permit AFN to prepare programming for television presentation and to delete, as necessary, dated references and/or extraneous material from programs to accommodate delayed airing in various time zones. Extraneous material may be, but is not limited to, commercials, promos for programs not carried by AFN, delays in sports telecasts, etc. Program credits, including copyright notices and networks logos will not be deleted. DoD directives prohibit AFN from editing programming to alter storyline, composition, or intent of editorial content.

12. Government-Furnished Equipment (GFE)/Government-Furnished Information (GFI). N/A

13. Other Pertinent information or Special Considerations.

a. Identification of Possible Follow-on Work. N/A

b. Identification of Potential Conflicts of Interest (COI). N/A

c. Identification of Non-Disclosure Requirements. N/A

d. Packaging, Packing and Shipping Instructions. N/A

e. Inspection and Acceptance Criteria. N/A

f. Property Accountability. N/A

14. Section 508 Accessibility Standards. The following Section 508 Accessibility Standard(s) (Technical Standards and Functional Performance Criteria) are applicable (if box is checked) to this acquisition.

Technical Standards

1194.21- Software Applications and Operating Systems

1194.22 - Web Based Intranet and Internet Information and Applications

1194.23 - Telecommunications Products

X 1194.24 - Video and Multimedia Products

1194.25 - Self-Contained, Closed Products

1194.26 - Desktop and Portable Computers

1194.41 - Information, Documentation and Support

The Technical Standards above facilitate the assurance that the maximum technical standards are provided to the Offerors. Functional Performance Criteria is the minimally acceptable standards to ensure Section 508 compliance. This block is checked to ensure that the minimally acceptable electronic and information technology (E&IT) products are proposed.

Functional Performance Criteria

1194.31 - Functional Performance Criteria

The Technical Standards above facilitate the assurance that the maximum technical standards are provided to the Offerors.

PROGRAMMING ADDENDUM

Before delivery of FTP programming, Media Management shall be contacted to confirm format and delivery method specifications. The contractor shall provide programs on agreed upon media along with publicity materials for each program in accordance with the terms and conditions of contract.

ITEM RT TITLE EPS

UNIT

PRICE

TOTAL DELIVERY TERM AIRDATE

1 60 Leverage:

Redemption (Yr 2) 13 9/30/2022 5yrs/10runs TBD

2 60 Almost Paradise

(Yr 1) 10 9/30/2022 5yrs/10runs TBD

3 60 Almost Paradise

(Yr 2) 10 9/30/2022 5yrs/10runs TBD

4 60 The Ark (Yr 1) 12 9/30/2022 5yrs/10runs TBD

5 95 The Deal (Movie) 1 9/30/2022 5 yrs/20runs TBD

TOTAL

NOTE: Before delivery of programming, please contact AFN TV Media Management at 951-413-2176 or 951-413- 2515, or via email to dma.march.afrts.list.dpti-media-management@mail.mil to confirm correct format of material.

BROADCAST RIGHTS: The Contractor shall grant the Government AFN-BC the right to reproduce, distribute and present the programming on authorized AFN-BC television outlets outside the contiguous United States for the items listed above for the number of runs and time pFeriod indicated from date of initial Government distribution.

COPYRIGHT DISPUTES

If at any time during the delivery schedule or subsequent broadcast period, a dispute arises between Electric Distribution and a party other than AFN regarding the copyrights and/or distribution/presentation rights covered by this contract, Electric Distribution. shall immediately notify the Contracting Officer of the name and address of the party, the nature of the dispute and all facts related to the dispute. Failure to advise the Contracting Officer of any such dispute, or continuing status or final resolution may be regarded as a breach of Contract and result in termination for cause.

AUTHORIZED SUBSTITUTION(S):

In the event the Contractor discovers that a production has been cancelled, or through no fault of the Contractor’s the license held by its licensor has been declared invalid, or another problem beyond the Contractor’s control create a situation in which the Contractor cannot deliver the titles included herein, the Contractor may request that the Contracting officer authorize substitution(s) of other titles(s). However, AFN is under no obligation to accept offered substitute title(s).

REPRODUCTION - Reproduction shall be accomplished only to the extent required to support the distribution of the programming and may be performed by Government personnel or by commercial duplication contractors at the option of AFN, when applicable. Commercial duplication contractors are required to certify to AFN that they adhere to media industry procedures and standards for control and security of all master and duplicated media. All copies will be deleted, erased, or destroyed at the end of the rights period.

PROMOTIONAL SUPPORT - The Contractor. shall supply any promos or trailers that may be available along with program promotional copy and publicity information. The Contractor also grants rights to AFN to utilize clips from programming to produce its own promotion. Contractor shall provide episode sequencing instructions, broadcast/cablecast dates, and storylines/synopses for all programs.

EDITING - Each program will be broadcast exactly as originally telecast except that the Contractor shall permit AFN to prepare programming for television presentation and to delete, as necessary, dated references and/or extraneous material from programs to accommodate delayed airing in various time zones. Extraneous material may be, but is not limited to, commercials, promos for programs not carried by AFN, delays in sports telecasts, etc.

Program credits, including copyright notices and networks logos will not be deleted. DoD directives prohibit AFN from editing programming to alter storyline, composition, or intent of editorial content.

PACKAGING - Videotapes shall be boxed or enclosed in a standard high-impact shipping container having a locking device to prevent accidental opening.

MARKING - Each package delivered must contain a shipping document stating AFN’s contract number and the name of the Contractor. Each Videotape must be labeled with the title/subtitle and production/issue number.

CORRECTING DEFECTIVE MATERIAL - The Contractor. shall be responsible for correcting all deficiencies up to the time of final inspection and acceptance by replacing defective material or shall give a refund or credit or substitute programming at AFN’s option. Replacement or substitution shall be accomplished within five business days after notification by AFN.

DELIVERIES – All physical media shall be delivered between the hours of 8:00 A.M. and 4:00 P.M., Monday through Friday, except for federal holidays, to the following address:

American Forces Network-Broadcast Center Television Media Inventory (Kimberly Hernandez) 23755 Z Street Riverside, CA 92518-2017

AFN CONTENT PROTECTION AND SIGNAL DISTRIBUTION ADDENDUM

The American Forces Network (AFN) will use industry-standard signal encryption and digital content protection methodologies in all end-to-end transport and delivery systems for linear, satellite-delivered content, and for all Over-the-Top (OTT) and streaming applications. All subcontractors operating digital streaming platforms and/or last-mile linear distribution systems under contract to an entity of the United States Government (USG) for American forces stationed outside of the United States, its territories, or possessions, are contractually required to maintain the same.

AFN will employ conditional access protocols to verify the eligibility of each audience member against information stored within official Department of Defense (DoD) and other USG personnel databases. Individuals whose eligibility cannot be ascertained or validated will be denied access.

Eligible audience members must renew their eligibility annually or their access will be terminated. AFN will employ automated revalidation methods that check audience member eligibility against official DoD and/or other USG personnel databases every 30 days on delivery platforms technically capable of performing this action.

AFN shall employ industry-standard commercially-available security systems and procedures that are designed to prevent the theft, pirating and unauthorized access, distribution and use of all content. Such systems shall be no less protective than those used for any other content on AFN. All content and security solution licenses, keys, tokens, and certificates shall only be handled by authorized individuals and stored and handled in secure, limited-access controlled facilities.

If the Supplier identifies any website, network, service, application, device, entity or person that is not authorized hereunder but is exploiting the content, AFN will use industry-standard commercially available and reasonable efforts to block or otherwise prevent such exploitation and use and will cooperate with the Supplier in connection with the same.

Any terms and conditions, such as terms of service, that apply to end users of the AFN TV Platform shall not exceed the scope of rights granted by the Supplier to AFN with respect to viewing and usage of the Content by such end users. Notwithstanding the foregoing, the Supplier reserves all of its rights and remedies under law and in equity against all end users and any other parties who infringe or violate the Supplier’s rights with respect to the Content. AFN shall maintain the ability to suspend and/or permanently revoke an authorized audience member’s access to content due to misuse or violation of our terms of service.

The AFN linear service will employ Cisco PowerVu and/or Verimatrix VCAS version 4.1 or higher Digital Rights Management (DRM) solutions. The AFN Now streaming service will employ the following DRM formats; Apple FairPlay; which uses AES-128 CBCS Encryption. Google Widevine and Microsoft Playready;

which both use AES-128 CENC encryption. No asset will be served without one of these three DRM methods being enforced and AFN shall not employ HLS with AES-128 in connection with the Content.

Effective June 16, 2021 OPR: AFN Operations, Fort Meade Cancels and replaces all previous versions

Digital Rights

AFN shall be granted “catch up” rights for episodic programming allowing the airing of the last five (5) episodes to live on the AFN Now video-on-demand platform. Moreover, specials will be available for fourteen (14) days and movie titles will be available for thirty (30) days after premiere on the AFN Now video-on-demand platform. Movie titles shall be rotated on and off the AFN Now service during their contracted license period, (ex. a title licensed for 5 years/10 runs on the linear platform may be scheduled on the AFN Now video-on-demand platform no more than 10 times over the 5-year license period).

For the sake of clarity, no programming will air on the AFN Now video-on-demand platform until after the applicable US broadcast premiere.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1 Years

Programing

FFP

The Contractor shall provide broadcast rights to its television programming licensed by Contractor aired on various channels throughout the United States to AFN-BC to reproduce and distribute, provide live feeds or recorded copies of authorized programs, and provide access to affiliate information data networks and/or websites. License Agreement. License Period: September 9, 2022 through September 8, 2023. The minimum number of hours is 450 and the maximum number of hours is 600.

FOB: Destination

PURCHASE REQUEST NUMBER: HQ0516222126

PSC CD: 6770

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 9-SEP-2022 TO

8-SEP-2023

N/A HQ0030 AFN-BC

TBD

23755 Z STREEET

RIVERSIDE CA 92518

: TBD

FOB: Destination

HQ0030

52.0100-4028 CONTRACT CONTACT INFORMATION (DMA)(OCT 2008

In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

Shawnte Miles Contracting Officer Defense Media Activity 6700 Taylor Avenue Ft Meade, MD 20755 OFC: 443-734-7290 Email: shawnte.l.miles.civ@mail.mil

AFN Broadcast Center - Defense Media Activity (DMA)

TBD

Department of Defense (DOD) 23755 Z Street, Bldg. 2730 Riverside, CA. 92518-2077 Tel:

Email:

CONTRACTOR INFORMATION: TBD

METHOD OF PAYMENT: Invoices for materials shall be submitted electronically through Wide Area Workflow (WAWF). The Government anticipates paying fully certified invoices on a Net 30-day basis. Payment of fully certified invoices for partial delivers of material is hereby authorized. Distribution of payment will be made by Electronic Funds Transfer (EFT) to the contractor’s account. It is the responsibility of the contractor to review such accounts to ensure that payment has been reviewed.

SALES TAX EXEMPTION: The Contractor is hereby advised that the United States Government and Agencies are exempt from State and Local Government Tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Contract / Purchase Order Number TBD

Pay Official DoDAAC HQ0648

Issue By DoDAAC HQ0516

Admin DoDAAC** HQ0516

Inspect By DoDAAC HQ0030

Ship To Code HQ0030

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) HQ0030

Service Acceptor (DoDAAC) HQ0030

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

DMA Acquisition and Procurement Shawnte Miles Contracting Officer 6700 Taylor Avenue Fort Meade, MD 20755

OFC: 301-222-6033

Email: shawnte.l.miles.civ@mail.mil

AFN Broadcast Center - Defense Media Activity (DMA)

TBD

23755 Z Street, Bldg. 2730

Riverside, CA. 92518-2077 Phone:

Email:

DMA/HQ/SPQ- Accountant:

TBD

Defense Media Activity DMA/HQ/SPQ- Accountant 6700 Taylor Avenue Fort Meade, Maryland 20755

OFC:

Email:

(2) Contact the WAWF helpdesk at 866-618-5988 if assistance is needed.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.204-23

52.217-5

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Evaluation of Options

JUL 2018

JUL 1990

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.243-1 Changes--Fixed Price AUG 1987 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items OCT 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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 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. 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.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 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);

(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.

(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.

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item,…