Final Draft RFQ - M000264-20-Q-0186.pdf

SEE ADDENDUM

(No Collect Calls)

M0026420Q0186 07-Aug-2020

b. TELEPHONE NUMBER

703-784-3612

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 06 Sep 2020

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.

M002649. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KRISTIN L. GOMEZ

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

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

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MCINCR - RCO

2010 HENDERSON RD

KRISTIN GOMEZ

QUANTICO VA 22134

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 M00086 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HQ US MARINE CORPS (JA) (M00086)

925 CORPORATE DR STE 208

STAFFORD VA 22554

BELINDA DJEHA

TEL: 703-784-6548 FAX:

FAX:

TEL: 703-784-3612

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

511210

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 OF47

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.

M0026420Q0186

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Licensing Lifecycle Management System

FFP

Licensing Lifecycle Management System. Solution shall support up to 500

Licensees and unlimited Marine Corps users. See attached Statement of Work

(SOW) for more details.

FOB: Destination

PSC CD: 7030

NET AMT

1001 1 Each OPTION Licensing Lifecycle Management System

FFP

Licensing Lifecycle Management System. Solution shall support up to 500

Licensees and unlimited Marine Corps users. See attached Statement of Work

(SOW) for more details.

2001 1 Each OPTION Licensing Lifecycle Management System

FFP

Licensing Lifecycle Management System. Solution shall support up to 500

Licensees and unlimited Marine Corps users. See attached Statement of Work

(SOW) for more details.

3001 1 Each OPTION Licensing Lifecycle Management System

FFP

Licensing Lifecycle Management System. Solution shall support up to 500

Licensees and unlimited Marine Corps users. See attached Statement of Work

(SOW) for more details.

4001 1 Each OPTION Licensing Lifecycle Management System

FFP

Licensing Lifecycle Management System. Solution shall support up to 500

Licensees and unlimited Marine Corps users. See attached Statement of Work

(SOW) for more details.

SOW

STATEMENT OF WORK

for

Licensing Lifecycle Management System

1.0 Background.

The United States Marine Corps (USMC) Trademark Licensing Office (TMLO), is responsible for registering trademarks, licenses commercial companies, conducts enforcement and educates trademark users worldwide to protect and enhance the Marine Corps brand in the commercial marketplace.

In order to promote a positive, strong trademark licensing program all officially licensed products must adhere to the requirements set in the USMC Trademark License Agreement. These standards help USMC products sell better, prevent infringement and provides a tracking system for the Trademark Licensing

Office to use for enforcement/auditing purposes.

Current Status of Licensing Program:

300 Licensees annual/quarterly reporting requirements (full-use)

200 Hobbyists one-time fee paid annually or every two years (limited use)

Licensees will access the licensing lifecycle management system and are required to purchase holograms and labels, submit artwork, royalty reports, etc. Hobbyists are not required to purchase holograms and labels, and only submit artwork in rare instances, and pay a flat fee for their license agreement either annually or every two years.

2.0 Scope.

This requirement shall support the USMC Trademark Licensing Office with the following functional areas of the Licensing Lifecycle Management System (LLMS):

- License Application Workflow

- Digital Asset Management

- Product and Artwork Approvals

- License Agreement Management and Analytical Report Generation (i.e. Contract Rights)

- Royalty Management and Reporting

- Product Authentication and Activation (e.g. holograms, security hangtags and labels)

- Track and Trace

- Mobilization (mobile app)

- Website Customer Service and Technical Support

- Installation; and

- Training (e.g. on-site and on-line training webinars).

A one-time migration and set up of existing licensee data into the new solution service platform is required as well as creation and customization of TMLO’s License Applications and License Agreements.

The Government requires access for up to 500 Licensee users and unlimited internal users for the USMC.

3.0 Technical Requirements. The functional areas of the licensing lifecycle management system are as follows:

3.1 Licensee Application Workflow (LAW). TMLO intends to transition from the current PDF formatted license application, to a fully integrated on-line application which later feeds into the licensee profile should an application be approved. The LAW module must be a secure, on-line platform for potential licensees seeking to enter into a license agreement with the USMC. The on-line application module must give prospective licensees the ability to enter all data required by TMLO. The module must adhere to TMLO’s application information to be developed to meet brand-specific requirements. To avoid having to assign logins to each prospective licensee, the module must be a public-facing portal into which licensees will submit data required by the USMC to determine if they are a feasible partner. If the USMC determines that the applicant is a feasible partner, it is critical that the data already submitted by the licensee is captured in the module to allow for continuing communication between the USMC and the potential licensee, and then that data will ultimately populate into the License Agreement Management

(LAM) module within the licensing lifecycle management system.

The LAW module must feed into an Inbox that alerts TMLO of an application awaiting further evaluation and processing. The module must also have the ability to be setup to send a templated notice via auto-reply to the applicant at a pre-determined time period, which informs them that they do not meet the

USMC’s objective qualification criteria. The module will also alert applicants with a similar templated notice when they do meet the objective qualification criteria and are moving to the next phase in the licensing process.

3.2 Digital Asset Management (DAM). The DAM module shall store all USMC assets; e.g. logos, style guides, photos, etc., and manage access rights to those assets using multiple parameters. For example, the capability to assign access rights by licensees, groups of licensees, individual users or by individual assets and security tags, and for specified time periods. The DAM module must provide up to 100GB of space for USMC assets.

Additionally, the DAM module must run reports through a dashboard menu to support analysis of the licensing system by product category, region, year, licensee, and license agreement type

(standard/hobbyist).

3.3 Product & Artwork Approvals (PAA). To effectively and efficiently manage all product approvals for 500+ licensees, the PAA module must navigate the user through the three (3) steps of approval for a new product: digital concept, pre-production sample, and production sample. The approval process must accommodate related components such as product test reports, packaging, manufacturing documentation, insurance documentation, marketing submissions or related materials submitted by the licensees for review as part of the overall product submission. However, there must also be the ability to deselect or eliminate approval steps if not needed. For example, not every submission requires pre-production and production samples so customization must be accommodated quickly and easily as needed.

This module must allow for a seamless, easy to understand, and fast interface so that everything related to an approval is visible in one screen without multiple clicks or steps to review the submissions. The interface must also be searchable and provide search results back with images as applicable. There should also be a comments section within the approval process to allow communication between TMLO and the licensee. TMLO must be able to share comments internally within the tool without the licensee applicant seeing those comments.

Other required features must include:

- Workflow Routing: Workflows via TMLO’s chain of command must be established based on key criteria such as submission type, product type, licensee, geography, etc. It is highly desired for the

PAA module to be able to automatically determine approval routes based on specified criteria such as licensee, product line, brand on the product, etc., but be customizable as needed. Such customization must be these changes must be simply selecting from our address book to assign a new reviewer.

- Reporting: Ability to run reports on all licensee submissions to track records of all approved products. TMLO must be able to understand how all parts of a product (packaging, marketing, etc.) are linked so all items can be seen at once when needed.

- Notifications: Module must notify users via email if a submission is waiting for review, but allow users the ability to turn off these notifications as needed.

- Sample Management: Pre-production and production samples must be organized and managed to quickly and easily match up the samples as they arrive with the submissions in the module, with the ability to upload photos of the physical submissions as applicable.

3.4 License Agreement Management (LAM) and Analytical Report Generation. The LAM module must manage the rights and functions granted to individual licensees through the license agreement data entered. TMLO must be able to enter all key agreement data including, but not limited to, a copy of the finalized license agreement, license term, rights granted, royalty rates, advances and guarantees, insurance data, amendments, agreement notes, and uploads of relevant files such as the signed agreements, internal notes, insurance documents and more. The module must provide a workflow component to manage, at a minimum, each of these areas in the licensee agreement and be fully customizable allowing no limitations on the combination of rights assigned to the licensee.

The LAM module shall house all licensing agreements and licensee contacts while displaying all key information (e.g. Minimum guarantee amounts, royalty rate, permitted sales channels / territories, products and Intellectual Property (IP) usage). All of this data should be able to be pulled into a customizable reporting tool, i.e. excel or pdf for reporting purposes. For example, a customized report to obtain listings of final licensees, or licensees who fall under the Made in USA program; licensees who hold Standard License agreement vs Hobbyist Agreements; or companies who are based out of a particular city, county, state or country.

3.5 Royalty Management and Reporting. The Royalty Management (RM) module shall enable licensees to submit online royalty reports, which feed directly into the licensing lifecycle management system automatically using a standard Comma Separated Values (CSV) formatted template. The standard royalty reporting template must have the ability to track when monies are owed on both an annual or quarterly basis depending on the reporting requirement set forth in the license agreement. The standard royalty report template, i.e. Schedule B, must be incorporated into the module that will alert TMLO of possible contract violations report reviews.

The royalty reports will be managed, reviewed and accepted or rejected by TMLO upon submission. The module must allow TMLO to view errors on submitted licensee royalty reports, which may uncover underreported sales revenue data and revenue generated outside of the licensee’s contract terms based on the property, territory, channel or product.

The RM module must generate obligation and invoice data that allows the tracking of receivables and payments between the licensee and TMLO. The module must support management of how much money the licensee owes and have tools to manage licensee payments within the system to provide a comprehensive view of how well the licensee is living up to its obligations in the license agreement. It is also critical that the module allow royalty reporting in multiple currencies since TMLO has licensees in other countries. The system must automatically convert based upon real-time currency conversions (see paragraph 3.6 below for website). Further, an invoicing function may be required at a later date that would enhance TMLO’s business processing.

Royalty rates vary depending on the type of sale i.e. wholesale, sales to distributors, direct sales, retail sales, thus TMLO will use five dimensions/vectors/criteria to handle these common royalty rate scenarios in the licensing industry. The module must also facilitate customer structuring of royalty rate deals and the ability to increase or decrease rates based on sales.

The RM module must house and support inventory management via a Stock Keeping Unit (SKU) type system. The SKU must start with the product approval and continue through to royalty reporting to enable more accurate royalty reporting by SKU and enhance overall program management. Additionally, TMLO must be able to define a royalty rate by a single SKU since some rates get very specific.

3.6 Product Authentication and Activation (security hangtags and labels). A critical component of

TMLO’s required solution is the ability to protect USMC IP, which is heavily targeted. The following requirements will ensure that the goal of protecting TMLO’s IP and licensee’s investments in the USMC program is achieved:

Requirements for Security Hang Tag/Label (Security Mark) Program Development -

1. Each security mark must contain an individualized QR Code and serial number tied to track and trace and provide electronic validation.

2. Security Mark must include at least three of the five security features (A thru E) included in high value US currency as noted on: https://www.uscurrency.gov/denominations/100.

3. A detailed visual validation process must be clearly established for consumers and USMC personnel to visually identify the security mark as legitimate.

https://www.uscurrency.gov/denominations/100

4. A well-defined mitigation path must be identified in the event that the proposed security mark is counterfeited. The mitigation path must discuss a different technology that may be used if the initial solution is compromised.

Requirements for Security Hang Tag/Label Electronic Validation:

1. When scanned, the QR code on each security mark must deliver full track & trace and validation, in real time, of the licensee contract rights.

2. When QR code is scanned by a consumer, the validation website must deliver USMC branded content and support USMC recruiting efforts.

Note: TMLO shall carry no inventory obligation and no financial obligation of any kind related to the security marks program.

3.7 Track and Trace. In addition to the Product Authentication capability, the capability must provide technology that allows TMLO to link the licensed good to the consumer using the highest levels of overt, covert and forensic security features. This will inform consumers that they are buying authentic USMC licensed products. The capability to track and trace products once they reach the marketplace as well as delivering the ability for the USMC to engage with consumers at point-of-sale is a key functionality. The solution must also provide real-time product validation, and mobile authentication that uses the data generated from consumer scans to validate licensee rights based on product, property, territory and channel.

3.8 Mobilization (Mobile App). The LLMS must be accessible via mobile devices in order to manage time sensitive functions, like product approvals, artwork approvals, an overview of basic contract rights of each licensee, track and trace, and photo scanning of holograms so TMLO staff can maintain continuity while in the field or away from the office.

3.9 Website Customer Service and Technical Support. The LLMS must provide for high level of customer service and technical support to include the handling of all errors, technical issues, inquiries, and complaints from end users within a 48-hour timeframe. Any errors, inquiries, or complaints concerning the LLMS that are received by TMLO will be forwarded promptly to the provider for handling.

3.10 Installation. The capability must be installed within 9 weeks after contract award and include planning, consultation, site configuration, troubleshooting, and adjustments as well as the initial site release. A notional installation schedule could look like the following:

Week 1: Planning –

Review installation process.

Review data to be gathered.

Set mutually agreeable timeline for next step.

Week 2: Consultation –

Consult on all aspects of automation process: product approval routing, submission forms, permissions assignments, etc.

Review all areas of site customization

Confirm timelines and deliverables.

Weeks 2-6: Site Configuration –

Configuration of the system to meet TMLO’s specific requirements.

Weekly updates on progress

Weeks 6-9: Beta Site Release –

Review all site configuration with TMLO and make any revisions needed.

Test run prior to beta site release.

3.11 - Training and Production Site Release. The capability must provide for Beta Site training, test functionality, and webinars for select end users including TMLO staff and licensees. Additionally, with the production site release, the solution must provide training for all end users to be available as either pre-recorded or live sessions on a quarterly basis. A notional training and production site release schedule could look like the following:

Weeks 9-11: Beta Site Release and Training –

Release beta site with a small number of users to test for full functionality.

Training webinars available for select end users (TMLO and some licensees).

Weeks 12-14: Production Site Release and Training –

Release production site for all end users.

Training webinars readily available for all end users.

Customer Service and Technical Support must be fully functional and available.

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 30-SEP-2020 1 HQ US MARINE CORPS (JA) (M00086)

925 CORPORATE DR STE 208

STAFFORD VA 22554

BELINDA DJEHA

703-784-6548

M00086

1001 30-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

2001 30-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

3001 30-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

4001 30-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements--

Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-5 Women-Owned Business (Other Than Small Business) OCT 2014

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 JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

DEC 2019

52.209-5 Certification Regarding Responsibility Matters OCT 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020

52.212-2 Evaluation - Commercial Items OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.217-5 Evaluation Of Options JUL 1990

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-19 Commercial Computer Software License DEC 2007

52.227-23 Rights to Proposal Data (Technical) JUN 1987

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-17 Interest MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes--Fixed Price AUG 1987

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 SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7010 Commercial Derivative Military Article--Specialty Metals

Compliance Certificate

JUL 2009

252.225-7012 Preference For Certain Domestic Commodities DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

APR 2019

252.227-7014 Rights in Noncommercial Computer Software and

Noncommercial Computer Software Documentation

FEB 2014

252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JAN 2011

252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016

252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7030 Technical Data--Withholding Of Payment MAR 2000

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

The Offeror shall not complete the representation in 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 the provision at

52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications--Commercial Items.

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

Covered telecommunications equipment or services, critical technology, and substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition. 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. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(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) Representation. The Offeror represents that 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.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will'' provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer-

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, 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).

(End of provision) https://www.sam.gov/

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology

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

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the

Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International

Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export

Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such

Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of

Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the

Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and

Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN

2020) https://dibnet.dod.mil/ https://dibnet.dod.mil/

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.

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

“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” 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.

“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.

“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.

“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. 101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern--

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, 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.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible http://www.sam.gov/ under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(…