COMSYN_Media_Monitoring_031325.pdf

COMBINED

SYNOPSIS/SOLICITATION

i. This document is a combined synopsis/solicitation for commercial services prepared per the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are requested, and a written solicitation will not be issued.

ii. The issued solicitation number, HE12545198864, is a Request for Quote (RFQ) for Media

Monitoring and Analysis Solution in accordance with FAR Part 12 – Acquisition of

Commercial Items and FAR Part 13 – Simplified Acquisition Procedure.

iii. The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2025-03 published in the Federal Register on January 3, 2025. All provisions and clauses can be viewed at: https://www.acquisition.gov.

iv. This requirement is a full and open competition (unrestricted). The associated NAICS code is 518210 (Computing Infrastructure Providers, Data Processing, Web Hosting, and Related

Services) and the small business size standard is $40M.

v. This procurement is a service to support and enhance the Department of Defense Education

Activity’s ability to monitor and analyze digital media mentions and how we’re communicating with key stakeholders and the public.

List of Contract Line-Item Numbers (CLIN), description, quantities in units, including option years:

Media Monitoring Services

HE12545198864/

Pricing Sheet

CLIN Description Qty/Unit Mea Unit Price Price

0001 Media Monitoring Service – PWS 2.1 through 2.3

1 Lot

0002 Training – PWS 2.4 4 Ea $_________ $_________

Base Year

1001 Media Monitoring Service – PWS 2.1 through 2.3

1002 Training – PWS 2.4 4 Ea

Option

Year 1

2001 Media Monitoring Service – PWS 2.1

2002 Training – PWS 2.4 4 Ea $_________ $_________ https://www.acquisition.gov/

vi. Description: The requirement is for Media Monitoring Service outlined in the Performance

Work Statement (PWS) attached.

vi. The primary location for the service will be at the Contractor’s place of business. The

Contractor’s possession, use, and handling of this official property are limited to the performance of the tasks in this PWS during the period of the award and may not be retained. Inspection and acceptance of the deliverables: DoDEA will monitor the

Contractor’s performance based on each individual case to ensure that the Contractor has performed in accordance with the performance requirements. The performance requirements define how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level(s); see the PWS for details. Delivery: The Contractor shall provide delivery upon award in accordance with the milestone/deliverable schedule as stated in the PWS, Section 5 – Contract Deliverables. The resulting contract period of performance will consist of a twelve (12) month base year and four (4) option periods. The actual date of performance is to be determined. System for Award Management: IAW FAR

4.1102(a), offerors are required to be registered in the System for Award Management

(SAM) database at the time an offer or quotation is submitted.

Year 2

3001 Media Monitoring Service – PWS 2.1 through 2.3

3002 Training – PWS 2.4 4 Ea $_________ $_________

Year 3

4001 Media Monitoring Service – PWS 2.1

4002 Training – PWS 2.4 4 Ea $_________ $_________

Year 4

(FAR

52.217-8)

Six Month Subscription

5001 Media Monitoring Service – PWS 2.1 through 2.3

.5 Lot

5002 Training – PWS 2.4 2 Ea

Year 5

Total

Amount

viii. The provision at 52.212-1, Instructions to Offerors – Commercial Items and Commercial

Services (Sep 2023), applies to this acquisition. An addendum to this provision is below:

Addendum to 52.212-1:

Paragraph (b), entitled “Submission of Offers,’

Instructions to Offerors: Quotations shall be prepared in accordance with these instructions. Failure to do so may result in the Vendor submission being determined to be unacceptable and ineligible for award. Each Vendor’s submission shall be reviewed by the Contracting Officer or a designee upon receipt to ensure completeness and compliance with the instructions contained in the Request for

Quote (RFQ). The determination not to consider for award a technically unacceptable quotation is in the sole discretion of the Contracting Officer. The subject solicitation has been issued as an RFQ, all reference to proposals and offeror are synonymous with words quote(s), quoter(s), and vendor(s) respectively.

Submission of Questions: Vendors may submit questions requesting clarification of solicitation requirements. All questions shall be received by March 18, 2025 at 1:00 p.m. EST. All questions shall be submitted via e-mail to tresa.simmons@dodea.edu and wardell.gordon@dodea.edu with

“HE12545198864 Media Monitoring Services” in the subject line. It is at the Government discretion to not respond to questions received after the closing date/time for submission of questions.

Quotations shall be submitted via e-mail to tresa.simmons@dodea.edu and wardell.gordon@dodea.edu with “HE12545198864 Media Monitoring Services NO LATER

THAN 1:00 pm EST, March 24 2025. It is the contractor’s responsibility to follow up with the

Contracting Officer after submission of their quote to ensure that their quote has been received.

DoDEA’s e- mail capacity for attachments is 10 MB.

DoDEA Points of Contract: Contracting Officer:

Tresa Simmons

4800 Mark Center Drive

Attn: Headquarters Procurement Branch

Alexandria, VA 22350-1400 tresa.simmons@dodea.edu

Contract Specialist:

Wardell Gordon

4800 Mark Center Drive

Attn: Headquarters Procurement Branch

Alexandria, VA 22350-1400 wardell.gordon@dodea.edu

(a) Quotes shall include an administrative cover letter with the following information:

• Complete business Mailing Address

• Solicitation number

• Unit Price and Extended price for all CLINs; see/complete the above pricing sheet

• Tax Identification Number (TIN)

• Unique Entity ID

• Cage Code

• NAICS Code

• Contact Name, Phone, Fax and e-mail address mailto:tresa.simmons@dodea.edu%20and mailto:wardell.gordon@dodea.eduwith mailto:donna.ferguson@dodea.eduand mailto:wardell.gordon@dodea.eduwith mailto:tresa.simmons@dodea.edu mailto:wardell.gordon@dodea.edu

• Sign acknowledgement of Amendments (applicable only if any amendments are issued against this RFQ.

Page Limitation are as follows (20 pages maximum):

Cover Sheet – 1 page, Technical – 18 pages, Pricing – 2 pages

Technical Capability (Factor 1): The offeror shall submit a quote that clearly demonstrates its understanding of and approach to providing Media Monitoring Services in accordance with the

Performance Work Statement (PWS). The offeror shall submit a quote that clearly demonstrates the offeror’s prior experience performing similar services to those outlined in the PWS. The offeror shall link evidence to the performance requirement of the PWS. The reading of the quote should leave an evaluator with a detailed understanding of the vendors’ technical capacity for meeting the technical requirements of the solicitation without having to search throughout the entire quotation to piece together the vendor’s response.

Price (Factor 2): Offerors are required to provide pricing in the form of completed CLIN schedule above

(page 1). Each vendor’s quoted prices will be evaluated for fair and reasonable pricing in accordance with

FAR 13.106-3(a). The price will be evaluated for reasonableness.

Addendum to 52.212-1 Paragraph (c) Period for acceptance of offers. This paragraph (c) is changed to read as follows: The vendor agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an amendment to the solicitation.

Addendum to 52.212-1 Paragraph (e) Multiple offers. This paragraph (e) is changed to read as follows:

Multiple offers presenting alternative terms and conditions will NOT be accepted.

Addendum to 52.212-1 Paragraph (g) Contract award. This paragraph is changed to read as follows: The

Government intends to award with or without discussions. Therefore, the vendor’s initial quote should contain the vendor’s best approach/terms for technical and price. However, despite this intent, the Government reserves the right to conduct discussions if the Contracting Officer determines they are necessary. In the event issues pertaining to this award cannot be resolved to the Government's satisfaction, the Government reserves the right to withdraw and cancel the solicitation. In such event, vendors will be notified in writing.

-End of Provision-

ix. The provision at 52.212-2, Evaluation-- Commercial Products and Commercial Services (Nov

2021), applies to this acquisition. An addendum to this provision is below:Paragraph (a)

Basis of Award

The Government anticipates issuing Firm-Fixed Price (FFP) contract resulting from this solicitation to the responsible Offeror whose quote conforms to all stated terms, conditions, representations, certifications, and any other information required by this RFQ. Quotes will be evaluated using Lowest Price Technically Acceptable (LPTA) procedures. The following factors shall be used to evaluate quotes: Technical and Price. For a vendor’s quotation to be determined technically acceptable, all proposed items shall meet or exceed the requirements as specified in the PWS. Quotes will be evaluated pursuant to Federal Acquisition Regulation

(FAR) 13.106-3(a).

The evaluation factors are listed in descending order of importance: (1) Technical Capability and (2)

Price. The following factors shall be used to evaluate offers:

Factor 1 – Technical Capability:

The Government will evaluate the vendor’s understanding of the objectives and planned approach for providing Media Monitoring and Analysis Solution Services in accordance with the objectives in the

Performance Work Statement (PWS) (Attachment 1). The Government will evaluate the completeness of the vendor’s concept and approach. The Government will evaluate each quote and determine which provides the

“Lowest Technically Acceptable” to the Government based on the specifications, objectives, and requirements outlined in the PWS.

Each vendor’s quote will be evaluated based on technical capability. The quote must illustrate the offeror’s prior experience performing similar services to those outlined in the PWS. If no quote is deemed technically acceptable the government will make a determination to re-solicit.

If an offeror’s quote is determined technically unacceptable the entire quote will be considered unacceptable, and the offeror will be ineligible for award.

The ratings for technical Factor 1 submissions are, “Acceptable”, or “Unacceptable”. If a quote’s technical submission is determined to be unacceptable, it will no longer be evaluated or considered for award. The ratings are defined in the table below:

Table 1: Technical Capability Rating Standard

Factor 2 – Price: Price will be evaluated for price reasonableness per FAR 13.106-3(a).

The price quote will be evaluated for price reasonableness. Prices will be evaluated to determine they are reasonable and within current market conditions.

Options: The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

(End of Provision)

x. Offerors shall include a completed copy of the provision at 52.212-3 - Offeror Representations and Certifications—Commercial Products and Commercial Services (MAR 2025) (A printout of SAM website reps and certs is acceptable, as long as the SAM reps and certs are up to date on the SAM website. Per paragraph (b)(1) of this provision, any changes provided by the offerors in section (b)(2) of this provision do not automatically change the representation and certifications posted on the SAM website. It is the offerors’ responsibility to ensure their SAM registration is up to date before any contract award. Per Paragraph

(d) [Reserved].

xi. The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and is incorporated by reference.

Rating Description

Acceptable Quote meets the requirements, indicates an adequate understanding of and approach to the technical requirements, and the risk of unsuccessful performance is no worse than moderate.

Unacceptable Quote does not meet the solicitation requirements, contains one or more deficiencies, and/or the risk of unsuccessful performance is unacceptable. The quote is un-awardable.

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management NOV 2024

52.204-10 Reporting Executive Compensation and First-Tier JUN 2020 Subcontract Awards

52.204-13 System for Award Management Maintenance OCT 2018

52.204-22 Alternative Line-Item Proposal JAN 2017

52.204-24 Representation Regarding Certain NOV 2021 Telecommunications and Video Surveillance

Services or Equipment

52.204-26 Covered Telecommunications Equipment or OCT 2020 Services--Representation.

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting with Inverted Domestic NOV 2015

Corporations

52.209-11 Representation by Corporations Regarding FEB 2016 Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.212-1 Instructions to Offerors--Commercial Products and SEP 2023 Commercial Services

52.212-3 Offeror Representations and Certifications-- MAY 2024 Commercial Products and Commercial Services

52.212-4 Contract Terms and Conditions--Commercial NOV 2023 Products and Commercial Services

52.215-6 Place of Performance OCT 1997

52.217-9 Option To Extend the Term of The Contract MAR 2000

52.219-1 Small Business Program Representations FEB 2024 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.222-41 52.222-42 52.222-43

Service Contract Labor Standards Statement of Equivalent Rates for Federal Hires Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (multiple Year and Option Contracts)

AUG 2018

May 2014 Aug 2018

52.222-50 Combating Trafficking in Persons NOV 2021

52.223-6 RESERVED

52.229-11 Tax on Certain Foreign Procurements--Notice and JUN 2020 Representation

52.232-1 Payments APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.203-7000 Requirements Relating to Compensation of Former SEP 2011 DoD Officials

252.203-7002 Requirement to Inform Employees of DEC 2022 Whistleblower Rights

252.203-7003 Agency Office of the Inspector General AUG 2019

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and MAY

Cyber Incident Reporting

252.204-7014 Limitations on the Use or Disclosure of JAN 2023 Information by Litigation Support Contractors

252.204-7015 Notice of Authorized Disclosure of Information for JAN 2023 Litigation Support

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

JAN 2023

252.215-7007 Notice of Intent to Resolicit MAR

252.225-7002 Qualifying Country Sources as Subcontractors MAR

252.225-7036 Buy American--Free Trade Agreements--Balance of FEB 2024 Payments Program--Basic

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and DEC 2018 Receiving Reports

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by JAN 2023 Contractor Personnel

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or JAN 2023 Commercial Services

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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 and 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 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

(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.

(i) 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: 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 (NOV 2021)

(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—

Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(1) 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);

(2) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(3) 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 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 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

(d) Reporting requirement.

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.

(1) 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 https://dibnet.dod.mil/ subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR

SERVICES-- REPRESENTATION (OCT

2020)

(b) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(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.

(1) The Offeror represents that it [ ] does, [ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2023-O0008)

(OCT 2023)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in

FAR 2.101, on the date of award of this contract, 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) 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial products or 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, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

(NOV 2021) (Section 1634 of Pub. L. 115- 91).

(iv) 52.204–25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(v) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023)

(Section 102 of Division R of Pub. L. 117–328).

(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (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.

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

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

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

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

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter

67).

(xiv) (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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive

Order 14026 (JAN 2022).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xxi) 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. Subtitle A, Part V, Subpart G

Note).

(xxii) 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.

(xxiii) 52.232–40, Providing Accelerated Payments to Small Business

Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232– 40.

(xxiv) 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.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the

Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Three (4) years and six (6) months.

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 (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition

Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal

Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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— http://www.acquisition.gov/

(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.

(1) 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:

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.

INVOICE 2-IN-1

(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.

INVOICE 2-IN-1

(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 financing, submit a commercial 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

Pay Official DoDAAC HQ0747

Issue By DoDAAC HE1254

Admin DoDAAC** HE1254

Inspect By DoDAAC HE1254 ervice Approver (DoDAAC) HE1254

Service Acceptor (DoDAAC) HE1254

(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.

(f) WAWF point of contact.

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

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