C9 HQ051622R0012 Combined Synopsis.pdf

PDF 1 MB Posted Jul 12, 2022

Attached to: Universal City Studios - Television Programming Federal contract opportunity
Solicitation number: HQ0516-22-R-0012
Issued by: Defense Media Activity

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COMBINED SYNOPSIS/SOLICITATION:

HQ0516-21-R-0012

Title: Universal City Studios - 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.

RFQ DUE DATE: The RFQ due date for responses is no later than 10:00 a.m. (ET), Tuesday, 15 July 2022

a. Solicitation Number: HQ0516-22-R-0012 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.

Approval:

7/12/2022

LICENSING AGREEMENT

STATEMENT OF WORK

as of 5 January 2022

Contract Number:

Task Order Number: N/A Tracking Number: HQ0516-22-R-0012 Follow-on to Previous Contract Number:

HQ0028-16-D-0002

1. Contracting Officer Representative (COR).

a. Primary COR.

Name: TBD Organization:

Department of Defense Activity Address Code (DODAAC):

Address:

Phone Number:

Fax Number:

E-Mail Address:

b. Alternate COR.

Name: TBD Organization:

DODAAC

Address:

Phone Number:

Fax Number:

E-Mail Address:

2. Contract Title. Television Programming for American Forces Network

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, Universal Studios.

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 Universal Studios may actually have upon the date a request for permission to record and/or distribute such program is granted.

6. Specific Tasks.

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 Universal Studios. exclusively 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. Universal Studios, shall make reasonable efforts to advise AFN of the persons, firms or corporations from whom AFN must obtain clearances pursuant hereto, but Universal Studios failure to do so shall not relieve AFN of its obligation under the provisions of this paragraph.

Programs which Universal Studios. is marketing in foreign countries will not be used by AFN in a manner which will interfere with Universal Studios 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 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. Notice will be sent to the COR.

Task 6.2 - Delivery of Media.

HQ051621R0012

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. Before shipping physical media and or delivery of FTP programming, 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 Universal Studios.’s sole expense, physical media to include tapes, hard drives and/or DVD’s in NTSC/ATSC formats.* If a complete, broadcast quality recording is not made from a domestic distribution feed, AFN will notify Universal Studios within a reasonable time and Universal Studios. shall deliver as soon as possible, but not later than five days after notification, the program on one of the video tape formats listed above. When requested, physical media provided by Universal Studios will be returned at Government expense within 120 days In the future other media formats may prove to be mutually beneficial and may be employed by the consent of the parties.

Deliverable: Programming as specified on individual Delivery Orders.

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. The period of performance is for a one-year base period and four (4) option years.

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.

1. Television programming made available to AFN by Universal Studios. 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).

2. All 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.

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.

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

Iformation and Applications 1194.23 - Telecommunications Products1194.24 - Video and Multimedia Products 1194.25 - Self-Contained, Closed Products

1194.26 - Desktop and Portable Computers1194.41 - 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.

1194.31 - Functional Performance Criteria

Attachment 1 - Program Delivery & License Agreement

The Contractor shall provide AFN-BC with its proprietary programming for distribution to our affiliates and audience members.

AFN will order programming to be delivered on media from Universal and the contractors will contact dma.march.afrts.list.dpti-media-management@mail.mil to verify type of delivery or if media will be received by reception of domestic distribution feeds. The specific titles, program lengths and delivery date/format will be stated in each delivery order issued against this contract.

(a) When AFN elects to acquire new episodes of series currently under license (see below), it will be licensed in accordance with the per episode pricing matrix below.

PROGRAMMING PRICING MATRIX

Pricing Year

1/2 Hour

1 Hour TV (10 Runs/5 Year) &

Children’s Programming

(20 Runs/5-Year)

Theatrical Movies (Per Minute)

(20 Runs/5-Year)

Theatricals (Relicense)

(Per Minute)

Base Year $944.00 $1,887.00 $59.00 $30.00 Option Year 1

$963.00 $1,925.00 $60.00 $31.00

Option Year 2

$982.00 $1,963.00 $61.00 $31.50

Option Year 3

$1,002.00 $2,002.00 $63.00 $32.00

Option Year 4

$1,022.00 $2,043.00 $64.00 $32.50

2% Per Year Increase for Each Category.

GRANDFATHERED PROGRAMMING PRICING MATRIX

Pricing Year Law & Order: SVU

Base Year $3,019.00

Option Year 1 $3,080.00

Option Year 2 $3,141.00

Option Year 3 $3,204.00

Option Year 4 $3,268.00 2% Per Year Increase for Each Category.

SHORT RUN PROGRAMMING PRICING MATRIX

Pricing Year

1 Hour TV Talk Show (2 Runs/1 Year) (per series cost)

1 Hour Competition/Realit y Show (2 Runs/1 Year) (per epiosde cost)

1/2 Hour Strip Show (2 Runs/1 Year) (per series cost)

Base Year $35,149.00 $368.00 $17,575.00

Option Year 1 $35,852.00 $375.00 $17,927.00

Option Year 2 $36,569.00 $383.00 $18,285.00

Option Year 3 $37,300.00 $391.00 $18,651.00

Option Year 4 $38,046.00 $398.00 $19,024.00 2% Per Year Increase for Each Category.

Grandfathered programming specified in the above matrix will start (base year) at $3,019 per broadcast hour (2% increase for each Option Year). Programming not currently under license that AFN elects to acquire will start (base year) at the rate of $1,887.00 per broadcast hour (2% increase for each Option Year). Unit price is based on the program’s original telecast runtime, in one-hour increments. Unit prices for half-hour programs will be half of the one-hour price (rounded up to the next dollar) and multiple hour programs will be multiples of the one-hour price.

When a particular program, such as a theatrical motion picture, runs an odd number of minutes, AFN will pay 1/60 of the hourly price for each minute, rounded up to the next dollar.

1. This license fee is regardless of whether the program is recorded from satellite or delivered on tape.

2. There will be annual price increases of 2% to the $1,887 base year rate for new programming as follows:

$1,925 in Option 1, $1,963 in Option 2, $2,002 in Option 3, & $2,043 in Option 4.

3. The license term and number of runs granted for any program licensed under this agreement will be: 10 runs within a 5 year term unless otherwise agreed in writing by both parties.

4. License term will be calculated from date of first AFN airing but no later than one year after receipt of materials.

5. Term and runs for Children’s programming and Theatrical Features shall be 20 runs within a 5 year term unless otherwise agreed in writing by both parties.

6. Newly acquired “made for television” movies will be licensed at the regular hourly rate, but newly acquired Theatrical movies will be licensed at twice the hourly rate, rounded up to the next dollar.

7. Any series program or movie that is re-licensed will be acquired at a rate of 50% of the then current rate, rounded up to the next dollar.

8. The above two pricing matrix’s shall supersede any rounding/pricing issues.

6.1.2 The Contractor shall provide AFN with continued access to all News, Sports, Public Affairs, Specials and Late Night programming that can be cleared for its use at no charge. This includes, but is not limited to: MSNBC (all), CNBC (all), NBC Early Today, Today, NBC Nightly News, Dateline, Meet The Press, The Chris Matthews Show, Tonight Show with Jimmy Fallon, Late Night with Seth Myers, Saturday Night Live, and Saturday Night Live Specials, National Dog Show, Westminster Dog Show, Macy’s Thanksgiving Day Parade, Breeder’s Cup, Christmas in Rockefeller Center, and other programs that can be mutually agreed upon.

AFN CONTENT

AFN Content Protection and Signal Distribution Addendum 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 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 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 be stored and handled only in a secure, controlled-access facility by authorized individuals.

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 audiencemember’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 DRM solutions. The AFNow 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 August 25, 2020 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 AFNow 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 AFNow video-on-demand platform. Movie titles shall be rotated on and off the AFNow service during their contracted license period, (ex. a title licensed for 5 years/10 runs on the linear platform may be scheduled on the AFNow 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 AFNow video-on-demand platform until after the applicable US broadcast premiere.

BPA TERMS AND CONDITIONS

BPA Terms and Conditions

Description of agreement.The Contractor shall provide AFN-BC with its proprietary programming for distribution to our affiliates and audience members. AFN will order programming to be delivered on media from Buena Vista and the contractors will contact dma.march.afrts.list.dpti-media-management@mail.mil to verify type of delivery or if media will be received by reception of domestic distribution feeds. The specific titles, program lengths and delivery date/format will be stated in each delivery order issued against this contract.

1. Extent of obligation. The Government is obligated only to the extent of authorized purchases actually made under the BPA. This agreement may be terminated upon 30 days written notice by either party.

2. Purchase limitation. The dollar limit for each call shall be $400,000.00

3. Period of Performance. 1 February 2022 throuht 31 January 2027

4. Individuals authorized to purchase under the BPA. The contracting officer will provide the contractor a list of individuals authorized to place orders under this agreement.

5. Delivery tickets. All shipments under the agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

i. Name of supplier.

ii. BPA number.

iii. Date of purchase.

iv. Purchase number.

v. Itemized list of supplies or services furnished.

vi. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated sys-tems, provided that the invoice is itemized to show this information).

vii. Date of delivery or shipment.

6. Invoices. A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

5,000,000 Years

Programing

FFP

FOB: Destination

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-FEB-2022 TO

31-JAN-2027

N/A HQ0030 AFN-BC

KARREEM A. LOWE

23755 Z STREEET

RIVERSIDE CA 92518

: 951-413-2296 FOB: Destination

HQ0030

CLAUSES INCORPORATED BY REFERENCE

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-3 Offeror Representations and Certifications--Commercial

Items

NOV 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.222-50 Combating Trafficking in Persons OCT 2020 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.0100-4094 MARKING INSTRUCTIONS FOR ALL ITEMS TO INCLUDE DROP SHIP

AND DIRECT SHIPMENT (DMA)(FEB 2017)

The Contractor shall attach two (2) copies of a detailed packing list with each box or container with unlike items where the full description of the contents is not authorized or cannot be shown.

Include one (1) copy of the packing list inside the box or container and attach one (1) copy of the packing list on the outside of the box or container. The outside of the box or container must also include the complete shipping address as provided in the schedule and the Contract/Purchase/Delivery Order number located on Page 1 of this document.

The packing list shall contain the following information:

(a) Contract number

(b) Package number and set number (if any) of the container.

(c) A list of the contents which shows the quantity by item, item description, part number, type and size, unit of issue if other than each.

(d) Each item including all components that makes up a KIT will be packaged AS A KIT and delivered complete.

(e) Containers must be arranged and identified for easy cross reference with contract line item numbers (CLIN) and durable for further reshipment

INCOMPLETE DELIVERIES

Incomplete delivery refers to the incomplete shipment of a unit of issue of an individual contract line item (CLIN). Such Incomplete, or fragmented delivery of any part of a CLIN is not authorized and will not be accepted.

Each item (CLIN), e.g., described as a KIT, including all components and sub-items, are to be packaged together and delivered complete. Where sub-line items are reflected as component parts of an item, all sub-line items must be delivered simultaneously to form the complete item.

Note! The government WILL NOT ACCEPT items shipped as incomplete unit of issue of an individual contract line item (CLIN). Rejected items will be returned at the contractor's expense

(End of Local Instruction)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 512120.

(2) The small business size standard is $34,500,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS – ALTERNATE I (JAN 2020)

(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:

NAICS code Size standard

[Contracting Officer to insert NAICS codes and size standards].

(2) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.