D1 - Combined Synopsis_Solicitation _M67861-24-Q-0030.pdf

M6786124Q0030

PERFORMANCE WORK STATEMENT

Combined Synopsis/Solicitation Opportunity Notice Solicitation Number: M67861-24-Q-0030 Issue Date: 20240830 Closing Response Date: 20240905 at 10:00 a.m. C.S.T.

Small Business Set Aside: Service-Disabled Veteran Owned Small Business Point of Contact (POC) & Contracting Officer (KO): SSgt Braun, E.; ethan.braun@usmc.mil;

Parren Tatum; paren.tatum.civ@usmc.mil Contracting Office: Marine Forces Reserve - 2000 Opelousas Ave. New Orleans, LA United States 70114 Requirement Description: Media Monitoring & Analytics NAICS: 519290 Web Search Portals and All Other Information Services.

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number applicable to this announcement is M67861-24-Q-0030.

This solicitation is issued as a request for quotation (RFQ). All responsible sources may submit a quotation which shall be considered by the agency. Contact the above POCs for information regarding the solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05 and can be accessed at https://www.acquisition.gov/.The Contractor’s quoted descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services. The offeror must clearly demonstrate that they can meet the solicitation requirements and the requested delivery start date listed on the pages of this document. Offerors must provide their delivery lead times after receipt of order for period of performance for services if different than requested dates listed in the solicitation document. List by line item if the delivery lead time differs from one line item to another. This should be visible on the face of the quote and not incorporated as a link or other attachment. It is the Government’s intent to award a single firm-fixed price award on an “all-or-none” basis to satisfy this requirement using procedures in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition Procedures. A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3) using: price and non-price factors of: technical capability, past performance for relevant similar work, and small-disadvantaged business status. The government reserves the right to select a response that provides benefit to the government that exceeds the minimum requirements, but is not required to do so. The awarded response may exceed the identified requirements in one or more ways and may or may not provide the lowest price, but does provide benefit to the Government as determined by the KO. The Government is not bound to make award to a response that exceeds the requirements if it provides no value or benefit to the Government. The Government may use information such as DoD PPIRS, SPRS and FAPIIS data available from Government sources to evaluate a offeror's past performance. Potential awardee will be screened for responsibility in accordance with FAR 9.104. 52.212-1 ADDENDUM

ADDENDUM- 52.212-1 - INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

GENERAL INTENTION. Marine Forces Reserve (MFR) has a commercial requirement for Media Monitoring & Analytics as detailed in the Performance Work Statement (PWS). In accordance with FAR Parts 12 and 13, the MFR Regional Contracting Office is issuing a commercial solicitation for the acquisition of such supplies/services. Required specifications are listed in the Schedule of Supplies/Services and SOW within this solicitation. 519290 Web Search Portals and All Other Information Services size standard 1,000 employees applies.

TECHNICAL APPROACH.

Contractor’s quoted items and service descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies/Services.

Descriptive literature is required with all quotes. Offerors should submit sufficient descriptive literature to permit the contracting agency to assess whether the product proposed meets all the salient characteristics specified in the solicitation. It is the offerors responsibility to furnish sufficient information and detailed specifications to the government to determine acceptability of the quoted item/service(s). Failure to provide quotes that meet the salient characteristics may result in quote being considered non-responsive.

TECHNICAL COMPLIANCE.

a. The offeror must clearly demonstrate that they can meet the solicitation requirements. The contractor personnel qualifications, applicable certifications and method of performing tasks for all items quoted shall be clearly stated in the quote.

b. Clearly state whether the offeror can meet the requested performance start date / delivery date.

Vendors who cannot meet the required date may be considered technically unacceptable.

c. All offerors must have completed the representations and certifications for provisions/clauses listed in this solicitation that require completion: Offeror(s) should complete full-text provisions/clauses included in this solicitation as applicable either: a) manually within this solicitation document or b) completed their Representations and Certifications registration in the System for Award Management (SAM) https://sam.gov/content/home

d. SOLICITATION CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE.

Potential Offerors should submit offers in the same CLIN structure as outlined in the solicitation for offer evaluation purposes. However, an alternate line-item structure can be submitted as an additional attachment consolidating like line items and pricing for award consideration.

e. REQUIRED DELIVERY/PERIOD OF PERFORMANCE.

FOB Destination. Refer to PWS. Vendors are encouraged to state soonest date capable of guaranteeing delivery / start of performance if unable to meet RDD listed.

SUBMISSION OF QUOTES.

Quotes shall be submitted no later than the time and date specified on page 1 of the combined synopsis/solicitation document. Quotes shall be submitted electronically via electronic mail (e-mail) to SSgt Braun, E.; ethan.braun@usmc.mil and Parren Tatum parren.tatum.civ@usmc.mil. Each email may not exceed 5MB in size due to this agency’s server/network restrictions. Vendors may submit multiple emails to ensure a complete quote is received prior to the solicitation closing date and time.

Vendors are responsible for ensuring their quotes have been received via email by the date and time specified on page 1 of this combined synopsis/solicitation document. Delivery delays that cause a quote to be late are not the responsibility of the Government agency. Offerors shall provide their full vendor name and any doing business as names as certified in the mandatory System for Awards Management at www.sam.gov. Quotes shall also include a vendor point of contact information (name, phone, and email), Cage Code, and Tax ID (TIN/EIN) number.

No telephone calls will be accepted regarding this solicitation. Interested offerors shall submit any questions, in writing, electronically to SSgt Braun, E.; ethan.braun@usmc.mil and Parren Tatum parren.tatum.civ@usmc.mil.

Any direct customer contact by Offerors is not authorized during the solicitation phase or your quote may be at risk of being eliminated from consideration for this solicitation.

PERFORMANCE WORK STATEMENT

MEDIA MONITORING SERVICE FOR

MARINE FORCES RESERVE

1.0 PURPOSE

The contractor shall provide media monitoring services to Marine Forces Reserve (MFR) in support of the commander’s communication strategy.

2.0 BACKGROUND

Commander Marine Forces Reserve (CMFR) serves as the commander of all U.S. Marine Corps Reserve Forces and reports to the Commandant of the Marine Corps (CMC). The forces under command of CMFR are the 4th Marine Division (4th MARDIV), the 4th Marine Air Wing (4th MAW), the 4th Marine Logistics Group (4th MLG), and the Force Headquarters Group. CMFR has the responsibility of providing communication strategy support for all MFR assets. MFR’s Communication Strategy Department performs all facets of communication strategy for CMFR, including web-based platforms and social media. A key to meeting mission requirements is to maximize external and internal information capabilities, and MFR must manage external and internal information effectively and efficiently to ensure public affairs guidance and support reaches its internal audience as a critical part of communication strategic planning. Responsibilities and actions affect virtually all communication strategy programs and policies under the cognizance of the Assistant Chief of Staff, Communication Strategy Department. Effective performance has a major impact on the contribution of information resources, research, and studies supporting the Marine Corps to effectively convey the programs, activities, trends, and culture of the Marine Corps to the internal and external stakeholders. To ensure the command is properly reaching the intended key publics, a robust media monitoring service is required to provide accurate data analytics on traditional and broadcast as well as social media to assist with accurate research and evaluation of communication plans, objectives, and tactics.

3.0 SCOPE AND OBJECTIVES:

The Government is seeking a contracting company that can provide media monitoring data analytics support services for MFR’s Communication Strategy Department. The contractor shall provide web-based services to support analysis, operations, assessments, and project management efforts associated with efficient execution and management of the tasks specified in this Performance Work Statement (PWS). The contractor shall provide real-time searches for relevant local, U.S. national, wire, and international news stories (print and broadcast) and social media posts along with access reporters contact information, the ability to efficiently send press releases, and ability to share news and broadcast clips via social media, websites, and email distribution.

4.0 GENERAL REQUIREMENTS

4.1 Applicable Directives.

a) SECNAVINST 5720.44C CH-1, Department of the Navy Public Affairs Policy and Regulations, October 14, 2014

b) MCWP 3-33.3, Marine Corps Public Affairs, September 8, 2010

c) MCO 5720.77, Marine Corps Public Affairs Order, July 8, 2010

4.3 Security Requirements.

A security clearance is not required.

5.0 SPECIFIC REQUIREMENTS

The Contractor shall arrange a kick-off meeting within five (5) business days after contract award. The meeting shall be held at the MFR Communication Strategy Department located aboard Marine Corps Support Facility New Orleans, 2000 Opelousas Avenue, LA 70114. The Contractor shall contact the COR and arrange the date and specific location of the meeting. All key personnel are required to attend the kick-off meeting.

The Contractor shall provide the following support:

Task Area Para

Training 5.1.1 Traditional Media Monitoring 5.1.2 Traditional Media Analytics 5.1.3 Media Contact Lists 5.1.4 Press Release Creation and Dissemination 5.1.5 Social Media Management 5.1.6

The Contractor is responsible for providing suitable technical support responsibilities delineated by activity. The Contractor shall ensure technical management and coordination of task activities and provide overall expertise for successful completion of each task area. The Contractor shall ensure the task areas are performed in an efficient, effective, and responsive manner.

5.1 Task Areas

5.1.1 TASK 1: Training

Provide comprehensive training on all platforms. Request in-person training within 10 days of contract award date;

however, if not feasible, virtual training via Microsoft Teams within the same time frame. Also provide unlimited ad-hoc training as needs arise.

Deliverable (per deliverable schedule in paragraph 9.0): The contractor will deliver:

a) On site, in-person or virtual Microsoft Teams training of the platforms

b) Ad hoc training as necessary by the government

c) Repository of training videos on an accessible website

5.1.2 TASK 2: Traditional Media monitoring

Monitors traditional print and broadcast news as well as social media based on search agents, similar or equal to search crawlers, that scour the web and broadcast media. The monitoring will provide real-time notifications via email and mobile app pushes when news and social media stories are found by the search agents.

Deliverable (per deliverable schedule in paragraph 9.0):

The web-based media monitoring will deliver:

a) Ability to create search agents based on keyword or Boolean searches

b) Ability to send email alerts when search agents find relevant stories

c) Print news stories found on websites worldwide

d) Broadcast television and radio news clips that are found via TVEyes or a similar service

e) Full transcript text and unlimited transcripts of as-aired content clips are required.

f) Ability to create and edit custom broadcast clips for dissemination via email or similar delivery systems.

g) Translation capabilities (host language to English) for all outlets and platforms monitored

h) Access to published content hidden behind a pay wall or otherwise requiring a subscription to view. A synopsis of the information is acceptable if the full article cannot be retrieved, however a minimum of a 200 word synopsis or relevant paraphrase of the article or transcript must be made available with the mention of specific units, locations, dates, direct quotes and link Marine Forces Reserve.

5.1.3 TASK 3: Traditional Media Analytics

Ability to provide detailed analytics of relevant traditional media that provides insight to (but not limited to) sentiment, placement, mentions, media outlets, volume, trending themes, potential audience reach.

Deliverable (per deliverable schedule in paragraph 9.0): The web-based analytical reports will deliver:

a) Ability to generate detailed, professional analytical report that provides the following:

i) Roll up of total number of media hits by outlet based on key-word searches

ii) Coverage volume by timeline and outlets

iii) Trending themes using a word cloud

iv) Leading print sources

v) Leading broadcast sources

vi) Potential audience reach

vii) List of mentions with links to articles/broadcast spots

b) Detailed online dashboard providing same information found in pervious paragraph

5.1.4 TASK 4: Media Contact Lists

Provides continually updated information on reporters worldwide that will allow the command to search and sort reporters based on (but not limited to) region, city, state, beat, outlet, previously reported topics.

Deliverable (per deliverable schedule in paragraph 9.0): The web-based reporter contact list will deliver:

a) Provide training on how to use product at the beginning of the contract

b) Names of reporters

c) Contact information, such as phone number, email address, social media handles, physical mailing address

d) Ability to create custom lists of reporters

e) Provide recent articles or broadcast clips by reporters

5.1.5 TASK 5: Press Release Creation and Dissemination

Provides continually updated information on reporters worldwide that will allow the command to search and sort reporters based on (but not limited to) region, city, state, beat, outlet, previously reported topics.

Deliverable (per deliverable schedule in paragraph 9.0): The web-based press release delivery system will deliver:

a) Ability to create press releases in the platform

b) Ability to create and save press release templates

c) Ability to create and manage brand profiles

d) Ability to create and disseminate media pitches

e) Ability to send releases and pitches to list of reporters and outlets

f) Ability to track if releases/pitches are opened and if links are clicked

5.1.6 TASK 6: Social Media Management

Provides ability to create, schedule, and post social media across multiple social networks with a user-friendly calendar interface.

Deliverable (per deliverable schedule in paragraph 9.0): The web-based media management platform will deliver:

a) Ability to schedule posts across Facebook, Instagram, X, and Threads

b) Provide information on optimal posting times based on data analytics

c) Ability to keep track of social media contacts, and the ability to track their engagement history and have access to conversation history

d) Ability to get analytics for Reels on Instagram and Stories on Facebook

e) Ability to create specific content to share relevant content

f) Ability to create reports based on data provided by service

6.0 PERFORMANCE STANDARDS

This is a Performance Based Contract in accordance with FAR 37.6. The Performance Work Statement provides specific requirements to accomplish the work, documenting the method of approach, analytical tools, and staff required. The Government shall monitor the Contractor's performance under this contract using quality assurance procedures developed by the Government known as a Quality Assurance Surveillance Plan. Typical procedures might include random sampling, checklists, inspections, and customer complaints. This is not an all-inclusive list.

7.0 PLACE AND PERIOD OF PERFORMANCE

7.1 The contractor will supply the service via a web-based platform.

7.2 The period of performance will be for one (1) year with four (4) option years.

8.0 EQUIPMENT AVAILABLE FOR CONTRACTOR USE. The contractor will not require equipment from the government to provide service.

9.0 DELIVERABLES

All deliverables are to be submitted to the Contracting Officer’s Representative (COR). The Contractor shall provide contract deliverable(s) in a format mutually agreed upon by the Government and the Contractor.

Description

PWS

Reference Paragraph

First Submission Date

Subsequent Submission Date

Frequency

Access to system 5.1.1- 5.5.3

On award date Daily Daily

Training 5.1.1 Within 10 days of awarding contract

As needed As needed

Traditional-Media Monitoring

5.1.2 On award date Daily Daily

Traditional Media Analytics

5.1.3

On award date Daily Daily

Media Contact Lists 5.1.4 On award date Daily Daily

Press Release Creation and Dissemination

5.1.5 On award date Daily Daily

Social Media Management

5.1.6 On award date Daily Daily

10.0 Key Personnel.

10.1 No personnel are required on site due to this service being web based.

11.0 LIST OF ENCLOURES:

(1) Performance Requirements Summary

PRS

The contractor understands and acknowledges that the PRS as set forth in the PWS table below is a material part of this contract. Changes to this PRS can only be made through a formal contract modification issued by the Contracting Officer.

Performance Requirements Summary

SERVICE PWS

PARAGRAPH

NUMBER

STANDARD ACCEPTABLE

QUALITY

LEVEL

SURVEILLANCE

METHOD

INCENTIVE / PENALTY

Timeliness of Deliverables required by the Contract

5.0 Deliverables

shall be submitted in accordance with the delivery requirements required by the

PWS.*

100% of the deliverables / reports are submitted on time.

COR Tracking

The Contractor shall be in breach of contract if deliverables are not provided within 2 days of the due date.

Timeliness of Training

5.0 Deliverable

shall be executed within 10 days as required by the PWS.

Training executed in a timely manner

COR tracking The Contractor shall be in breach of contract if deliverables are not provided within 10 days of the due date.

Accuracy of Deliverables required by the Contract

5.0 Reports and

Other Deliverables are complete and correct when submitted.

No more than 3 Errors per Deliverable

COR Review for completion and accuracy breach of the contract if deliverables are not provided within 2 days of the due date.

Overall technical/ analytical support

5.0 Provide

suitable technical and analytical expertise through responsive customer support

Problems encountered are minor and resolved in a satisfactory manner

Customer input deliverables are not provided within 1 day of initial contact.

Efficiency and effectiveness of performance

5.0 Perform

contract requirements ensuring an unconstrained flow of information to effectively and efficiently complete requirements within the specified cost and schedule.

Meets all requirements.

Problems encountered are minor and resolved in a satisfactory deliverables are not provided within 2 days of the due date.

Responsiveness of customer support

5.0 Provide

immediate customer support in case of errors or malfunction of product.

Meets all requirements.

Problems encountered are minor and resolved in a satisfactory deliverables are not provided within 1 day of initial contact.

*Note: Deliverables are not counted as late when, on a case-by-case basis, the COR approves later deliverable submission.

12.0 CONTRACT ADMINISTRATION

12. 1 DESIGNATION OF CONTRACTING OFFICER REPRESENTATIVE (COR):

The Contracting Officer has designated the person named below as the authorized COR for this Contract:

NAME: Mr. Adam Bashaw CODE: Communication Strategy

TELEPHONE: 504-697-9303

EMAIL: adam.bashaw@usmc.mil

The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract and will perform inspection and acceptance of all deliverables. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor's obligations or change the specifications in the contract. If, as a result of technical discussions, it is desirable to alter contract obligations or statements of work, a contract modification must be issued in writing and signed by the Contracting Officer. The COR is responsible for reviewing the invoices submitted by the Contractor and informing the Contracting Officer of areas where exceptions are to be taken. The COR authority is non-delegable. The COR may be personally liable for unauthorized acts.

12.2 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER:

Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause of this contract.

(a) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(b) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, said authority remains solely the Contracting Officer’s. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase incurred as a result thereof. The address and telephone number of the Contracting Officers are:

12.3 SAFETY GUIDANCE:

Contractors should adhere to all relevant safety guidance, including (but not limited to):

(a) EM 385-1-1 – U.S. Army Corps of Engineers Safety and Health Requirements Manual

(b) OPNAVINST 5100.23 (series), Navy Occupational Health and Safety Program Manual

(c) MCO 5100.29 (series), Marine Corps Safety Program

(d) MCO 5100.8, Marine Corps Occupational Safety and Health (OSH) Policy Order

(e) NAVMC DIR 5100.8, MARCOR OSH Program Manual

Contracting Officer’s Representatives should immediately report accidents/injuries sustained during contract performance to the Contracting Officer so that the Contracting Officer may report said accidents/injuries to responsible agency safety officials.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Media Monitoring Analytics

FFP

FOB: Destination

PURCHASE REQUEST NUMBER: M263814586607

PSC CD: R708

NET AMT

1001 12 Months OPTION Media Monitoring Analytics

FFP

FOB: Destination

2001 12 Months OPTION Media Monitoring Analytics

FFP

3001 12 Months OPTION Media Monitoring Analytics

FFP

4001 12 Months OPTION Media Monitoring Analytics

FFP

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 15-SEP-2024 TO

14-SEP-2025

N/A PAO, MARINE FORCES RESERVE

ADAM BASHAW

2000 OPELOUSAS AVENUE

NEW ORLEANS LA 70146

(504) 697-8191

M26381

1001 POP 15-SEP-2025 TO

14-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 15-SEP-2026 TO

14-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 15-SEP-2027 TO

14-SEP-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 15-SEP-2028 TO

14-SEP-2029

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.223-23 Sustainable Products and Services. MAY 2024 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013)

MAY 2024

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

JAN 2023

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.226-7002 Represenation for Demonstration Project for Contractors Employing Persons with Disabilities

DEC 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.239-7010 Cloud Computing Services JAN 2023 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

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 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.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) 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.

(b) 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”.

(c) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision --

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary

Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation;…