HQ0516-22-R-0020.pdf

PDF 825 KB Posted Feb 8, 2022

Attached to: Paramount Pictures
Solicitation number: HQ0516-22-R-0020
Issued by: Defense Logistics Agency Headquarters Defense Media Activity

View the file

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

Text version

The file's text, extracted by GovTribe without its formatting.

SEE ADDENDUM

(No Collect Calls)

HQ051622R0020 08-Feb-2022

b. TELEPHONE NUMBER

(951) 413-2406

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 14 Feb 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 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.

HQ05169. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JESSE FELICIANO

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.

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

HQ0516221394

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

HQ0516 DEFENSE MEDIA ACTIVITY RIVERSIDE

23755 Z STREET

RIVERSIDE CA 92518-2031

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 HQ0030 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

HQ0030 AFN-BC

KARREEM A. LOWE

23755 Z STREEET

RIVERSIDE CA 92518

TEL: : 951-413-2296 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$34,500,000

NAICS:

512120

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 OF72

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.

HQ051622R0020

Section SF 1449 - CONTINUATION SHEET

PRGRAMINIG ADDENDUM

PORGRAMING ADDENDUM

Before delivery of FTP programming, Media Management shall be contacted to confirm format and delivery method specifications. The contractor shall provide programs on agreed upon media along with publicity materials for each program in accordance with the terms and conditions of contract .

951-413-2515, or via email to dma.march.afrts.list.dpti-media-management@mail..mil to confirm correct format of material.

BROADCAST RIGHTS:

The Contractor shall grant the Government (American Forces Network – Broadcast Center (AFN-BC)) the right to reproduce, distribute and present the programming on authorized AFN-BC television outlets outside the contiguous

United States for the items listed above for the number of runs and time period indicated from date of initial

Government distribution.

Direct any questions you have regarding this order to Jessie Feliciano, Contrat Specialist, by phone or e-mail as indicated below:

E-mail Address: jessie.feliciano3.civ@mail.mil

Telephone Number: (951) 413-2406

ITEM RT TITLE EPS

UNIT

PRICE

TOTAL DELIVERY TERM RATING Genre Airdate

1 97

Quiet Place Part II, A

1 3/1/2022

Yrs/20 Runs

PG-13

Drama, Horror, Sci-Fi

TBD

2 121 Snake Eyes

(2021) 1 3/1/2022

Yrs/20 Runs

PG-13

Action, Adventure, Fantasy

TBD

3 86

PAW

Patrol:

The Movie

1 3/1/2022

Yrs/20 Runs

G Animated, Preschool, Youth

TBD

4 106 Infinite 1 3/1/2022

Yrs/20 Runs

PG-13

Action, Sci-Fi, Thriller

TBD

5 96

Clifford the Big

Red Dog

1 3/1/2022

Yrs/20 Runs

Adventure, Comedy, Family

TBD

6 60 Reacher 8 3/4/2022

Yrs/10 Runs

TV-14 Drama TBD

TOTAL

mailto:dma.march.afrts.list.dpti-media-management@mail..mil mailto:jessie.feliciano3.civ@mail.mil

CONTRACT/ORDER CLOSEOUT—FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR-HOURS

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty

(30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

AFN CONTENT PROCTENTION

AFN Content Protection And Signal Distribution

Requirements Addendum

A. Signal Distribution. The American Forces Network shall ensure that all Content provided under this contract or agreement is protected via a Security Solution at the AFN Broadcast Center on the applicable AFN TV channels in HD, or at AFN’s option, in SD, via the AFN TV Platform for use by the AFN Authorized Audience outside of the United States, its territories or possessions. All

Content will be broadcast or streamed linearly in such encrypted form via satellite or fiber optic transmission from the AFN Broadcast Center to:

1. Closed-circuit distribution facilities using AFN-controlled integrated-receiver decoders to decrypt the Content at U.S. government controlled, owned, or operated locations on U.S. military installations (including U.S. Navy, Coast Guard, and Military Sealift Command vessels) outside the

United States, its territories or possessions that distribute the Content to the AFN Authorized

Audience via;

a. Coaxial cable distribution systems for delivery of Content to on-installation buildings.

b. Coaxial/fiber optic cable distribution systems for delivery of Content to on-installation buildings.

c. Secured local-area networks to set-top boxes for delivery of Content to closed local-area network users on a U.S. government owned and controlled limited-access network.

2. Directly to the homes of the AFN Authorized Audience living on or off installations.

3. Closed-circuit distribution facilities using AFN-controlled integrated-receiver decoders and distributed via encrypted IPTV directly to the homes of the AFN Authorized Audience and decrypted via an AFN-controlled set-top box.

4. Closed-circuit distribution facilities using AFN-controlled integrated-receiver decoders and distributed via tethered Wi-Fi (locally created network) via an Authorized Application.

B. Content Security. AFN shall employ reasonable security systems and procedures that are designed to prevent the theft, pirating and unauthorized access, distribution and use of any content.

Such systems shall be no less protective than those used for any other content on AFN. All content and security solution licenses, keys, and certificates shall be stored and handled only in a secure manner in secure, controlled-access facilities and on password-protected servers protected with industry-standard network security. Only authorized personnel shall be allowed to access such secure facilities and servers.

1. The Content will be secured in such a manner that no recordings or copies of the material is permitted except for an Authorized Digital Video Recorder (DVR) recording that is viewable on a television connected to the STB that made such recording, or on a networking device via authorized home networking from such STB/authorized DVR.

2. Content access is restricted through Conditional Access Controls wherein eligibility is confirmed at time of registration and monthly thereafter. Access is immediately terminated upon expiration of eligibility.

3. All Content shall be encrypted and protected with a Security Solution and shall be decrypted only within a secure environment within a STB, or in the case of Authorized Home Networking or On-Site

Wi-Fi Delivery, only by an Authorized Application operating on a Networking Device. No forensic or copy control information or watermark embedded by the Supplier in the Content shall be intentionally removed, modified or deactivated.

4. AFN shall maintain the ability to suspend and permanently revoke access to AFN on any and all

STBs and any and all Authorized Applications on an immediate basis.

5. If the Supplier identifies any website, network, service, application, device, entity or person that is not authorized hereunder but is exploiting the Content, AFN will use commercially reasonable efforts to block or otherwise prevent such exploitation and use, and will cooperate with the Supplier in connection with the same.

C. Terms of Use. Any terms and conditions, such as terms of use, that apply to end users of the

AFN TV Platform shall not exceed the scope of rights granted by the Supplier to AFN with respect to viewing and usage of the Content by such end users. Notwithstanding the foregoing, the Supplier reserves all of its rights and remedies under law and

AFN Content Protection and Signal Distribution Requirements Addendum 2 in equity against all end users and any other parties who infringe or violate the Supplier’s rights with respect to the

Content.

DEFINITIONS

AFN Authorized Audience: An individual who is authorized by the Department of Defense and other U.S. government agencies to serve at a location outside of the United States, its territories or possessions, and who has been authenticated and is authorized to view the AFN Channel(s) via the

AFN TV Platform.

AFN TV Channels: Means, for any given Content, the AFN-owned and operated linear channels that are licensed by the Supplier for distribution and exhibition of such Content.

AFN TV Platform: The AFN-controlled and operated television programming distribution platform that distributes audiovisual Content solely for AFN’s non-commercial distribution and exhibition to the AFN Authorized Audience.

Authorized Application: A device application that meets all of the following requirements: (a) is operated and controlled by AFN; (b) operates on, and permits delivery of Content to, solely the applicable networking device, and does not allow delivery of Content to any other device or application; (c) implements a Security Solution to protect the Content from unauthorized access, distribution and use; (d) checks the version and signature of the firmware and the operating system of the device seeking playback, and does not allow playback of any Content if the firmware and/or operating system is unauthorized (e.g., if the device is rooted, jail-broken or tampered with) or has a known content security issue for which an update is available; (e) enforces the content protection requirements and usage restrictions set forth in this agreement; (f) is revocable by AFN on an individual device-by-device basis and on a model-by-model basis.

Authorized Digital Video Recorder (DVR): A DVR that is integrated within a set-top box (STB) and stores recordings only on the hard drive of such STB and allows recordings to be played only on such STB. No STB shall (a) include a DVD burner or similar functionality or allow any removable or transferable copies of Content to be made; (b) provide “cloud DVR” or similar functionality such as functionality that allows a recording or copy of Content that is exhibited on a linear basis to be made, tracked, stored and/or transmitted on or using a server.

Authorized Home Networking: The real-time streaming (Wi-Fi tethered to an STB) of Content as it is being broadcast on an AFN Channel, or the streaming of an Authorized DVR Recording of such

Content from a STB registered to an AFN Authorized Audience Member and located in said person’s residence to the Authorized Application on a Networking Device that is then registered to such AFN

Authorized Audience Member and located at the same residential unit address as such STB.

Conditional Access Controls: A system wherein information supplied by an AFN Authorized

Audience member is vetted against U.S. government personnel database information to ensure the individual meets eligibility criteria in accordance with applicable Department of Defense regulations, policy, or guidance, and is serving outside the United States, its territories or possessions.

Content: Means each episode of each television series or program licensed by the Supplier in the agreement.

On-Site Wi-Fi Delivery: The delivery of Content as a linear broadcast transmission of an AFN

Channel via a secure Wi-Fi or wired LAN network that is installed on and restricted to an authorized Department of Defense-controlled military base or ship and there is no download, storage or copying of the Content except for a temporary cache or buffer, and proximity and security controls are utilized to limit such streaming to such ship or military base.

Security Solution: Each of the following conditional access/digital rights management security systems, provided that such system encrypts the Content with DVB-CSA, AES 128 or equivalent encryption: Cisco PowerVu, Motorola Digicipher, Verimatrix , Nagravision, Cisco/NDS VideoGuard, Microsoft MediaRoom, SecureMedia, or any other security solution mutually agreed by both parties in writing (including by email).

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

46,172 Each

Programing

FFP

See Attached Addendun

FOB: Destination

PURCHASE REQUEST NUMBER: HQ0516221394

PSC CD: 6770

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-FEB-2022 TO

17-FEB-2023

N/A HQ0030 AFN-BC

KARREEM A. LOWE

23755 Z STREEET

RIVERSIDE CA 92518

: 951-413-2296

FOB: Destination

HQ0030

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-22 Alternative Line Item Proposal JAN 2017

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

AUG 2020

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-50 Combating Trafficking in Persons OCT 2020

52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer

Products - Alternate I

JUN 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-18 Place of Manufacture AUG 2018

52.227-1 Authorization and Consent JUN 2020

52.232-9 Limitation On Withholding Of Payments APR 1984

52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984

52.232-25 Prompt Payment JAN 2017

52.232-28 Invitation to Propose Performance-Based Payments MAR 2000

52.233-1 Disputes MAY 2014

52.244-6 Subcontracts for Commercial Items NOV 2020

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

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

252.233-7001 Choice of Law (Overseas) JUN 1997

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items OCT 2020

252.247-7023 Transportation of Supplies by Sea FEB 2019

1000 Post 2007 PMR SAP Pricing Memorandum DEC 2007

CLAUSES INCORPORATED BY FULL TEXT

52.0100-4028 CONTRACT CONTACT INFORMATION (DMA)(OCT 2008)

In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

PROCURING CONTRACTING OFFICER (PCO) is responsible for:

a. All pre-award information, questions, or data,

b. Freedom of Information inquiries,

c. Change/question/information regarding the scope, terms or conditions of the basic contract document, and/or

d. Arranging the post award conference (see FAR 42.503).

Shanah L. Pendleton

Acquisition and Procurement Team Lead

Defense Media Activity

23755 Z Street

Riverside, CA 92518

OFC: 951-413-2371

Cell: 951-312-9628

Email: Raushanah.l.pendleton.civ@mail.mil

Contract Specialist

Jessie Feliciano

Contract Specialist/ Defense Media Activity

23755 Z St. Riverside, CA 92518

Phone; 951-413-2406

Cell (951) 236-0169

Email: jesus.feliciano3.civ@mail.mil

AFN Broadcast Center - Defense Media Activity (DMA)

Karrem A Lowe

Department of Defense (DOD)

23755 Z Street, Bldg. 2730

Riverside, CA. 92518-2077

Tel: 951-413-2207

Email: karreem.a.lowe.civ@mail.mil

CONTRACTOR INFORMATION

Paramount Television

5555 MELROSE AVE

LOS ANGELES CA 90038-3112

POC: Juliette Spinner (Juliette_Spinner@paramount.com

METHOD OF PAYMENT: Invoices for materials shall be submitted electronically through Wide Area Work

Flow (WAWF). The Government anticipates paying fully certified invoices on a Net 30 day basis. Payment of fully certified invoices for partial delivers of material is hereby authorized. Distribution of payment will be made by

Electronic Funds Transfer (EFT) to the contractors account. It is the responsibility of the contractor to review such accounts to ensure that payment has been reviewed.

SALES TAX EXEMPTION: The Contractor is hereby advised that the United States Government and Agencies are exempt from State and Local Government Tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

CONTRACT CLAUSES: TBD

mailto:Raushanah.l.pendleton.civ@mail.mil mailto:karreem.a.lowe.civ@mail.mil mailto:Juliette_Spinner@paramount.com

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

AND DIRECT SHIPMENT (DMA)(FEB 2017)

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

Include one (1) copy of the packing list inside the box or container and attach one (1) copy of the packing list on the outside of the box or container. The outside of the box or container must also include the complete shipping address as provided in the schedule and the

Contract/Purchase/Delivery Order number located on Page 1 of this document.

The packing list shall contain the following information:

(a) Contract number

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

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

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

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

INCOMPLETE DELIVERIES

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

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

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

(End of Local Instruction)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-

19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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.

(d) Representation. By submission of its offer, the Offeror represents that it will 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).

(End of provision)

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)

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal

Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a

Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

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

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

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

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

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

( ) Paragraph (d) applies.

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

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

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

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

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

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

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

52.204-7, System for Award Management.

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Products Under Service and Construction Contracts.

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

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

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

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and

III.) This provision applies to solicitations containing the clause at 52.225- 3.

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

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

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

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

52.225-5.

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

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

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

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

[Contracting Officer check as appropriate.]

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

(ii) 52.204-20, Predecessor of Offeror.

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

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Certification.

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

Services--Certification.

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

Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

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

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR

4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

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

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

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

NAICS code Size standard https://www.sam.gov/

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

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