Digital Marketing RFQ W912PQ22Q0055.pdf

SEE ADDENDUM

(No Collect Calls)

W912PQ22Q0055 07-Jul-2022

b. TELEPHONE NUMBER

518-786-4739

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 21 Jul 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912PQ9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANDREW EMRICH

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011783382

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO NY PURCHASING & CONTRACTING

330 OLD NISKAYUNA ROAD

LATHAM NY 12110-2224

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W90TEJ 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

W909 NEW YORK REC & RET

W909 NEW YORK REC & RET

1 BUFFINGTON ST BLDG 25

WATERVLIET ARSENAL

WATERVLIET NY 12189-4000

TEL: 518-272-4002 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

541613

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF69

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912PQ22Q0055

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT (PWS)

FOR

Statewide Digital Marketing Campaign

1.0 General:

1.1 Scope: The contractor shall provide all management, tools, supplies, equipment, and labor necessary to fulfilling a statewide digital marketing campaign. All work will be completed with guidance from the Recruiting & Retention BN Marketing NCOIC. IAW NGR 601-1 Army National Guard Strength Maintenance Program, Chapter 7, and all applicable OPSEC considerations. All product and graphics will remain the intellectual property of the New York Army National Guard. The company that accepts the contract will accept the responsibility of production costs, if any.

1.2 Period of Performance: Performance period for this contract will be for two full calendar years. Base year begins 1 Aug 2022 to 31 July 2023, option year one (1) begins 01 Aug 2023 to 31 July 2024.

1.3 General Information:

1.3.1 Quality Control: The contractor will implement a Quality Control Plan (QCP) to ensure their work complies with the requirements of the contract, as laid out in the PWS. This QCP will include procedures to identity, prevent, and ensure non-recurrence of defective services. This includes stalled campaigns, fraudulent clicks, and unreachable audiences. These QC procedures will address the areas identified in Technical Exhibit 1, Performance Requirements Summary.

1.3.2 Quality Assurance: The NYARNG shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality levels or any identifiable defects.

1.3.3 Place and Performance of Services: The contractor will be available during normal business hours of 0900- 1700 EST, (Monday-Friday), except on recognized US holidays or when the NYARNG facility/installation is closed due to local or national emergencies, administrative closings, or similar NYARNG-directed facility/installation closings. Performance shall be completed at the contractor’s place of business. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the NYARNG facility/installation is not closed for the above reasons.

1.3.4 Security Requirements: When visiting the Recruiting & Retention Battalion Headquarters or other NYARNG facilities the contractor shall comply with all applicable installation/facility access and local security policies and procedures. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.3.5 Contractor Manpower Reporting (CMR): The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting data will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While data may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at http://www.ecmra.mil/.

1.3.6 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO and other NYARNG personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance.

1.3.7 Data Rights: All digital campaigns, accounts, ads, and ad text produced under this contract shall be owned by the NYARNG. All rights and privileges of ownership / copyright belong exclusively to the NYARNG. These materials may not be used nor sold by the contractor without written permission from the KO. This right does not abrogate any other Government rights.

2.0 Definitions and Acronyms:

2.1.1 A/B TESTING: an experiment where two or more variants of the same ad are shown to users at random, and statistical analysis is used to determine which variation performs better for a given conversion goal.

2.1.2 AD GROUP: a group of specific keywords.

2.1.3 AD SPEND: the amount of money spent on advertising a given activity, product, or service.

2.1.4 BING SEARCH NETWORK: a group of smaller partnered search engines where ads can appear based on when someone searches with terms related to one of your keywords

2.1.5 CLICK FRAUD: an internet crime where a person, computer program, or automated script is maliciously used to register clicks on pay-per-click (PPC) advertisements.

2.1.6 CLICK SHARE: the estimated share (as a percentage) of all achievable clicks that your ad has achieved.

2.1.7 CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.8 CONTEXTUAL TARGETING: the process of matching ads to relevant sites in the Google Display Network using your ad keywords or selected interest topics.

2.1.9 CONTRACTING OFFICER (KO): A person with authority to enter into, administer and/or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.10 CONVERSION TRACKING: the process of tracking when a prospect has completed an action chosen by the advertiser and determining where their click came from. In our case, this is when a prospect requests more information on the NYARNG.

2.1.11 COST PER CLICK (CPC): the price you pay for every ad click in your campaign. This is determined at the time your ad is served.

2.1.12 COST PER MILE (CPM): the price you pay for every one thousand (1,000) impressions of your ad.

2.1.13 DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.14 DELIVERABLE: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.15 DEMOGRAPHIC TARGETING: the process of narrowing an advertising audience by multiple factors including but not limited to, age or gender.

2.1.16 GEO-TARGETING: the practice of delivering ads to a user based on their location.

2.1.17 GOOGLE DISPLAY NETWORK: a group of partnered websites that serve targeted ads based on interest.

2.1.18 GOOGLE SEARCH NETWORK: a group of search-related websites and apps where ads can appear based on when someone searches with terms related to one of your keywords.

2.1.19 IMPRESSIONS: a single, non-unique view of your advertisement.

2.1.20 IMPRESSION SHARE: the percentage of impressions that your ads receive compared to the total number of impressions your ads were eligible to get.

2.1.21 KEYWORD: words or phrases you select that are used to match your ads with the terms people are searching for.

2.1.22 PAY-PER-CLICK: a model of internet marketing in which advertisers pay a fee each time one of their ads is clicked.

2.1.23 PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

2.1.24 QUALITY ASSURANCE: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.25 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.26 QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.27 QUALITY SCORE: an estimate of the quality of your ads, keywords, and landing pages. Higher quality ads lead to lower prices and better ad positions in search results.

2.1.28 SITE RETARGETING: a method of serving ads to prospects who have previously interacted with your website.

2.1.29 SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.30 UTM: an ‘Urchin Tracking Module,’ a link format used by Google to track clicks to a specific URL.

2.1.31 WORK DAY: The number of hours per day the Contractor provides services in accordance with the contract.

2.1.32 WORK WEEK: Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation AT/OPSEC Antiterrorism/Operational Security COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DA Department of the Army DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services IA Information Assurance IS Information System(s) KO Contracting Officer NCOIC Non-Commissioned Officer in Charge OCI Organizational Conflict of Interest ODC Other Direct Costs OIC Officer in Charge PII Personally Identifiable Information POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

3.0 Services: The NYARNG Marketing Team will provide all digital graphics and videos to support completion of this PWS. This does not include ad text. The vendor will provide the ad text.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: The contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: Provide a twenty-four (24) month digital advertising campaign consisting of the Google search network, Google display network, and YouTube, with fraud protection provided by Click Cease. First twelve (12) months will be base year. Second set of twelve (12) months will be option year one (1). It must utilize contextual targeting, demographic targeting, and site retargeting. The main demographic is 17-34 year old’s who are willing to serve in New York State as NYARNG members.

5.1 Addressable Geofencing: Provide services related to micro-targeting of audiences related to age, gender, household, and other factors.

5.1.1 Administrative Cost: Administrative costs related to creating and managing this deliverable should be formulated by the contractor and applied to CLIN(s) 0001 and 1001 of their quote.

5.1.2 Ad Budget and Payment: The total monthly spend across all platforms will not exceed $6,000. This monthly spend is “a not to exceed cost” that will be paid monthly by the Government with proof of payment from the advertising platforms referenced. Prospective contractors should include the ad budget of $6,000 per month in their quote (CLIN(s) 0002 and 1002).

5.1.3 Click Fraud Prevention Software: Based on past NYARNG advertising experience, click fraud protection must be included for the duration of the campaign to help authenticate campaign traffic. It must track every click, taking into account IP, IP range, unique, and VPN to score the click and label it as authentic or fraudulent. It will automatically input the fraudulent IPS into the AdWords IP exclusion list. Prospective contractors should include the monthly or yearly fee for their preferred click fraud prevention software separately from their administrative and ad budget fees. This is a not to exceed cost that will be paid monthly by the Government with proof of payment from platform. Prospective contractors should include the software subscription fees in their quote (CLIN(s) 0003 and 1003).

5.1.4 Campaign Ownership: The contractor will create the campaign in an NYARNG owned Google Ads account.

All campaign assets will be transferred to RRBN at the completion of the contract.

5.1.5 Location: All campaigns will be geo-targeted to run only within New York State. The Marketing OIC or NCOIC must be able to choose additional locations for increased ad spend within New York to geo-target based on address and radius size. The contractor must be able to exclude advertising from specific physical locations or website categories. This will begin before the campaign runs. These parameters may be updated at any time with a five day advance notice from the Marketing NCOIC.

5.1.6 Quarterly in-person: The vendor’s account representative will meet on-location at (25 Gibson St, Watervliet, NY 12189) with the Marketing OIC or NCOIC and associated staff to cover campaign strategy and goals within the first two weeks after contract being awarded, and once per quarter for three (3) meetings the first year and four (4) meetings the second year for a total of eight (8) meetings during the year.

5.1.7 Qualifications: The contractor must have documented success running advertising campaigns with at least five companies across New York State, and an additional five companies in Upstate New York. This ensures their familiarity with the market, population, and geography to be able to successfully plan and execute a highly local campaign focused on lead generation and prospecting.

5.1.8 Initial competitive research report: At the in-person meeting the contractor will provide an overview of the pay-per-click advertising strategy of the U.S. Army (goarmy.com), National Guard (nationalguard.com), and Marines (marines.com). This will consist of current PPC ads, display ads, high-traffic key words, and overlapping keywords.

5.1.9 Initial Campaign Creation: Based on the competitive research report and in-person strategy meeting with the Marketing NCOIC, the contractor will create the digital advertising campaign. Creative for the display ads and YouTube video placements will be provided by the Marketing NCOIC. Additional creative assets may be supplied by the Marketing NCOIC at the request of the contractor. The digital advertising campaign will be approved by the Marketing NCOIC prior to campaign start.

5.1.10 Live Analytics: All Google Ads campaign will be linked to a specified NYARNG Google Analytics account to provide live reporting to the Marketing NCOIC. Non-Google campaigns will be tagged with UTM parameters to monitor traffic and conversion rates. Conversion tracking will be implemented where possible. The Marketing NCOIC may request verification of campaign analytics from the advertising account itself with a one day advance notice.

5.1.11 Monthly Analytics Reporting: The contractor will provide monthly in-depth analytic reports at the campaign, ad group, and keyword level. It will include specific parameters (where applicable) such as total impressions, impression share, click share, and quality-score breakdowns.

5.1.12 Monthly Campaign Recommendations: The contractor will provide a monthly overview on the most effective (as defined by clicks and conversions) platforms, ad groups, ads, and keywords. They will submit a recommendation report on how advertising effectiveness and keyword quality score can be increased via conference call with the Marketing NCOIC.

5.1.13 Weekly Campaign Management: The contractor will modify the campaign on a minimum of a weekly basis to increase advertising effectiveness. This will consist of implementing the recommendations as outlined in the monthly campaign recommendations reports. Example actions include bid management, A/B testing, pruning low performing keywords, and budget management.

5.1.14 Campaign Modifications: The Marketing OIC or NCOIC may request modifications to any campaign parameter including keyword lists, ad copy, and budget allocation with a five day notice. Any requested campaign modifications will NOT mod the overall contract parameters in any way. Any changes to the contract that involve funding or period of performance MUST be approved by the Contracting Officer in advance via a written modification to the contract.

Performance Requirements Summary This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

PWS Paragraph Task Performance Standard

Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

5.0 Twenty-four (24)

month campaign targeting 17-34 year olds statewide

$5400-6,000 monthly ad spend.

90% of monthly ad spend is met not to exceed 100% of monthly ad spend

Monthly Inspection

– Marketing NCO will review paid invoices

5.1.3 Click Fraud

Prevention software included

Software is running for the duration of the campaign.

100% Monthly Inspection

– Marketing NCO will review paid invoices

5.1.6 In-person Marketing

Meetings eight (8) Total Meetings

100% Surveillance Method – in-person meeting with Marketing NCO

5.1.8 Initial Competitive

Research Report

One (1) Pre- Campaign Research Report

100% Surveillance Method – in-person meeting with Marketing NCO

5.1.11 Twenty-four (24)

monthly analytics reports via conference call

100% 100% Monthly Inspection

– Marketing NCO will review reports to approve satisfactory campaign results

5.1.12 Twenty-four (24)

monthly campaign recommendation reports

100% 100% Monthly Inspection

– Marketing NCO will have a conference call with vendor

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Job Digital Marketing Admin Price

FFP

To provide the NYARNG 12 month digital advertising campaign-administrative price per the attached PWS.

Base Year

FOB: Destination MFR PART NR: Varies VENDOR PART NR: Varies

PURCHASE REQUEST NUMBER: 0011783382

PSC CD: R701

NET AMT

0002 12 Job Digital Marketing Monthly

FFP

To provide the NYARNG 12 month digital marketing price per the attached PWS.

Monthly Budget $6,000, Yearly Budget $72,000 These are not to exceed totals.Contractors quote will be evaluated on this basis ($72,000)

Base Year

FOB: Destination MFR PART NR: Varies VENDOR PART NR: Varies

0003 12 Job Software Subscription Fees

FFP

To provide the NYARNG 12 month software subscription price per the attached

PWS.

Base Year FOB: Destination MFR PART NR: Varies

1001 12 Job OPTION Digital Marketing Admin Option Year 1

FFP

To provide the NYARNG 12 month digital advertising campaign-administrative price per the attached PWS.

Option Year 1

FOB: Destination MFR PART NR: Varies VENDOR PART NR: Varies

PURCHASE REQUEST NUMBER: 0011783382

1002 12 Job OPTION Digital Makrketing Monthly Option Year 1

FFP

To provide the NYARNG 12 month digital marketing price per the attached PWS.

Monthly Budget $6,000, Yearly Budget $72,000 These are not to exceed totals.Contractors quote will be evaluated on this basis ($72,000)

Option Year 1

FOB: Destination MFR PART NR: Varies

1003 12 Job OPTION Software Subscription Fees Option Year 1

FFP

To provide the NYARNG 12 month software subscription price per the attached

PWS.

Option Year 1 FOB: Destination MFR PART NR: Varies

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2022 TO

31-JUL-2023

N/A W909 NEW YORK REC & RET

W909 NEW YORK REC & RET

1 BUFFINGTON ST BLDG 25

WATERVLIET ARSENAL

WATERVLIET NY 12189-4000

518-272-4002 FOB: Destination

W90TEJ

0002 POP 01-AUG-2022 TO

31-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-AUG-2022 TO

31-JUL-2023

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-AUG-2023 TO

31-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-AUG-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

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 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

NOV 2021

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

NOV 2021

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008).

OCT 2020

52.222-3 Convict Labor JUN 2003 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

JAN 2022

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

DEC 2019

252.204-7022 Expediting Contract Closeout MAY 2021

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic MAR 2022 252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer

OCT 2020

252.225-7974 (Dev) Representation Regarding Business Operations with the Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a

Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.

(Deviation 2021-O0003)

APR 2021

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

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)

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

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.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Basis of award will be the lowest price that meets the technical requirments of the Performance Work Statment.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

COMMERCIAL SERVICES (MAY 2022) ALTERNATE I (OCT 2014)

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. 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.

"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 concern"—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned 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.

(2) Service-disabled veteran 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).

"Small business concern"—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, 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 124.1002," 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 $750,000 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; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.