NEARFQ20-01_Women's_Suffrage_Publication.pdf

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Women's Suffrage Publication
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NEARFQ20-01
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Combined Synopsis/Solicitation including Statement of Work.

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Combined Synopsis/Solicitation Reference Number: NEARFQ20-01

Women’s Suffrage Publication Authorities: FAR 12.6 and FAR 13.1

Place of Performance: Washington, D.C.

Attachments:

1) SOW

A. Introduction

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6 and utilizing Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-06.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. FAR 52.212-1 Instructions to Offerors is incorporated by reference. The instructions in Section D of this document constitute the addenda.

Set-Asides: This combined synopsis/solicitation is being released as a

Total Set-Aside to Small Businesses NAICS Code: 711510 Product Service Code (PSC): R499 – Other Professional Services Size Standard: $7.5 million

B. Period of Performance

The resulting award will have a period of performance of date of award through March 31, 2020.

C. Questions

All questions shall be submitted in writing via email no later than 12:00 NOON (EST) on October 9, 2019. The government may not address all questions. Responses will be provided as an attachment to a future RFQ amendment.

D. Submission Requirements

Quotes should be submitted via email to the Contracting Officer (CO) identified below no later than 4:00 PM (ET) on October 30, 2019.

Caroline Helms, Contracting Officer helmsc@arts.gov

Please note that it is the quoter’s responsibility to ensure/verify the government receives its submission on or before the deadline. The Government reserves the right to not accept any late quotes for any reason, including those related to any technical difficulties.

Submission Section Requirements:

Section Page Limit mailto:helmsc@arts.gov

Section 1 Transmittal/Cover Letter 2 SAM Registration None

Section 2 Technical/Price Assumptions None

Section 3

Technical Approach 15 Writing Sample 10-15 pages

Qualifications and Experience 5 (resumes excluded from page count)

Price Quote None

Quoters are advised that for sections that include page limits, any excess pages will not be evaluated. Additionally, any additional attachments or supplements beyond those described above will not be evaluated. Any quote that is non-compliant with mandatory submission requirements of this RFQ may immediately be removed from further consideration.

Section 1

Transmittal/Cover Page: The quoter shall provide the information listed below:

A. Solicitation number B. Name of Company C. Address D. Data Universal Numbering System (DUNS) Number/CAGE/TIN E. Point of Contact (POC) (primary and alternate) F. Names and contact information of persons authorized to negotiate on quoter’s behalf, if different from POC identified above G. Date of quote H. Statement affirming small business status I. Name of any subcontractors and their small business status, if applicable J. Prompt payment terms K. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation L. A statement that the quote expires no sooner than 60 days after submission M. Acknowledgement of receipt of all RFQ amendments (if any issued)

SAM Registration: Provide evidence of quoter’s current System of Award Management (SAM) database registration. A screenshot of the quoter’s SAM registration page is acceptable evidence. If a quoter’s SAM account will expire before the award date, it is the quoter’s responsibility to ensure that its account is active at time of award.

Section 2

Technical/Price Assumptions: Quoters shall indicate, in this section only, if any technical or price-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the SOW or RFQ.

If assumptions are not noted in this section, it will be assumed that the quote reflects no assumptions for award and the quoter agrees to comply with all of the terms and conditions set forth herein. Any assumptions listed in any other section shall be null and void. Quoters are advised that any exception taken may adversely impact its evaluation.

Additionally, any assumptions that are considered unacceptable by the government and cannot be resolved may result in the quoter being removed from further consideration.

Section 3

Technical Approach and Writing Sample

The Technical submission is a written narrative that is the Quoter’s proposed solution to the requirement contained in the Statement of Work (SOW), and all attachments for this contract. The technical submission must be practical, straightforward, specific, concise, and complete. Volume 1 should not include any price information. A list of attachments, exhibits, tables, and figures, as required, may be provided. The technical volume should provide, at a minimum, the following:

• The offeror’s understanding of the project and proposed approach

• The offeror’s technical approach to completing the tasks and deliverables associated with this project in terms of:

o Description of intended work under each task o Proposed approach to all deliverables o How the offeror will meet deadlines stated in the SOW o Identification of potential challenges and strategies for addressing them

Qualifications and Experience

Qualifications for the quoter, including subcontractors, as related to the evaluation criteria contained in section E, Basis for Award. Names and qualifications of key project personnel, including the lead project manager(s), if applicable, should be included. Resumes/CVs for all key personnel must be submitted (highlight relevant experience as appropriate). In addition to resumes, this section should contain professional references for at least three (2) completed projects similar in scope to the one described in this RFQ.

Price Quote

The Price Quote should be clearly marked and separate from the Technical and Qualifications sections.Submit your price based on one line Item: CLIN 0001.

Quoters shall format their quote in a way that the government can evaluate the components of the overall price. Use of quoters preferred formatting is acceptable.

E. Basis for Award

The government’s objective is to obtain the highest technically rated quote necessary to achieve the project objectives. The government intends to award a single purchase order using the procedures in FAR 13.1 to the responsible quoter who, in conforming to this RFQ, provides the overall best value considering non-price factors and price. Non-price factors are more important than price. A comparative analysis method of evaluation is anticipated.

The following factors shall be used to evaluate offers:

Factor A: Technical Approach

Evaluation of the Quoter’s technical approach will be based on the following:

1) The degree to which the Quoter demonstrates an understanding of the tasks in the SOW and presents a detailed approach to competing the tasks in a satisfactory manner to the agency, including the approach to researching, writing, and obtaining of permissions for artwork for the publication.

2) The degree to which the Quoter demonstrates an understanding of the schedule and deadline, and an understanding of the review process by the agency as stated in the SOW.

NOTE: The writing sample provided in Section 3 will not be evaluated or rated. The Government will read the sample as an illustration of the abilities and style of the Quoter.

Factor B: Qualifications and Experience

Evaluation of the Quoter’s Qualifications and Experience will be based on the following:

1) The degree to which the Quoter demonstrates that the Key Personnel possess the depth of education and experience, especially in terms of subject matter knowledge and experience securing rights and permissions, to successfully complete the tasks in the SOW.

2) The degree to which the previous publications of the Quoter demonstrate high quality work and sound research.

3) The degree to which the Quoter demonstrates experience managing the production of publications of similar complexity within a stated deadline.

Factor C: Price

The price quote will be evaluated based on the ability to perform the requirement in relationship to the quoter’s quoted solution and for price reasonableness. The government may reject any price quote that is evaluated to be significantly not compliant with the solicitation requirements, unrealistically low or unreasonably high in price, or reflects a failure to comprehend the complexity and risks of the work to be performed. Any price quote that does not provide a realistic and/or reasonable price may be deemed unacceptable.

The government reserves the right, but is not required, to conduct a price realism analysis. If the government decides to conduct a price realism analysis, additional information from the quoter may be necessary as applicable.

Award will be made to the responsible quoter whose submission, in conforming to the RFQ, shows the best value to the Government. The Government may use a trade-off process and reserves the right to award the purchase order to other than the lowest price quote.

The government may reject any quote that is evaluated to be significantly non-compliant with the solicitation requirements, unreasonably high or unrealistically low in price, or reflects a failure to comprehend the complexity and risks of the work to be performed. The government reserves the right to stop evaluating a quote if any part of the quoter’s submission is considered to be unacceptable. Should the quoter’s submission be found to have an unacceptable technical submission in any area, the submission may be considered to be unacceptable to meet the Government’s objectives as a whole. If the evaluation is stopped, the quoter will no longer be considered for award.

The government reserves the right to validate the accuracy of statements being made in the quotes which may result in the government determining that the quote is unacceptable.

Quoters should recognize that their initial price and technical quotes may be used as the sole and final basis for award and should propose accordingly. The evaluators reserve the right to revise their technical consensus of a quote based on information within the price volume if the evaluators determine that content within the price volume will have an impact on technical evaluation factors or sub-factors.

Award on Initial Responses:

The government anticipates selecting the best suited quoter from initial responses, without engaging in exchanges with quoters. Quoters are strongly encouraged to submit their best technical solutions and price in response to this

RFQ.

Exchanges with Best-Suited Quoter:

Once the government determines the quoter that is the best-suited (i.e., the apparent successful quoter), the government reserves the right to communicate with only that quoter to address any remaining issues, if necessary, and finalize an award with that quoter. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited quoter based on the original analysis and address any remaining issues.

NEA RFQ20-01

Women’s Suffrage Publication

Clauses and Provisions

FAR 52.252-2 – Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://farsite.hill.af.mil/

(End of Clause)

Clauses incorporated by full text

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

FAR Clause Title Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

Jan 2017

52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2018

52.204-16 Commercial and Government Entity Code Reporting Jul 2016

52.204-18 Commercial and Government Entity Code Maintenance Jul 2016

52.204-23

Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

Jul 2018

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

Oct 2015

52.212-4 Contract Terms and Conditions – Commercial Items Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013

52.242-17 Government Delay of Work Apr 1984

52.242-15 Stop-Work Order Aug 1989

52.252-6 Authorized Deviations in Clauses Apr 1984 http://farsite.hill.af.mil/

Women’s Suffrage Publication

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41

U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved]

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

Women’s Suffrage Publication

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C.

637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

Women’s Suffrage Publication X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

(ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

(41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

(45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

Women’s Suffrage Publication

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C.

3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

Women’s Suffrage Publication

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

X (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

Women’s Suffrage Publication

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

Women’s Suffrage Publication

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

FAR 52.217-8 -- Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day before the contract ends.

(End of clause)

FAR 52.227-17 -- Rights in Data -- Special Works (Dec 2007)

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

“Data” means recorded information, regardless of form or the medium on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

“Unlimited rights” means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of Rights.

(1) The Government shall have—

(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause for copyright.

(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause.

Women’s Suffrage Publication

(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.

(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.

(c) Copyright—

(1) Data first produced in the performance of this contract.

(i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.

(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and which contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in subparagraph (c)(1) of this clause.

(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.

(e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor’s consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.

Women’s Suffrage Publication

National Endowment for the Arts Custom Clauses

1. Custom Clause – Invoices and Payment for Unauthorized Work

Payment for actual work and services rendered under this contract will be made. No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

Payment will be made by the National Endowment for the Arts via Electronic Funds Transfer (EFT) and in accordance with the contract clause 52.212-4 Contract Terms and Conditions--Commercial Items (JAN 2017), and

52.232 33 Payment by Electronic Funds Transfer—System for Award Management (JUL 2013), upon submission of electronic invoices to the NEA’s Finance Office, via electronic email address to:

9-AMC-AMZ-NEA-INVOICES@FAA.GOV

The office that will make the payments due under this contract (i.e., the designated payment office) is shown below.

National Endowment for the Arts Finance Office, Second Floor

400 7th Street, SW Washington, DC 20506

To constitute a proper invoice, the following information and/or attached documentation shall be included with the invoice.

(1) Name and address of the Contractor.

(2) Invoice date.

(3) Contract number.

(4) Period covered by the invoice.

(5) Number and description, quantity, unit price and extended total for the period covered applicable to Section B, Supplies/Services and Prices.

(6) Cumulative amounts billed by to date.

(7) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(8) Taxpayer Identification Number.

(9) Data Universal Numbering System (DUNS) Number.

2. Limited Use of Data

Performance of this effort may require the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others. Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized government personnel or upon written approval of the Contracting Officer (CO). The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

Attachment 1: Statement of Work National Endowment for the Arts

Women’s Suffrage Publication

1. BACKGROUND

The National Endowment for the Arts (Arts Endowment) was established by Congress in 1965 as an independent agency of the federal government. To date, the Arts Endowment has awarded more than $5 billion to support artistic excellence, creativity, and innovation for the benefit of individuals and communities. The agency extends its work through partnerships with state arts agencies, regional arts organizations, local leaders, other federal agencies, and the philanthropic sector.

The women’s suffrage movement in America has a complex history. Although the 19th Amendment was ratified in 1920, the suffrage movement actually began in 1848 at a convention in Seneca Falls, New York. This convention, known as the First Women’s Rights Convention, came to be viewed as the meeting that launched the suffrage movement. The end result of the Convention was the signing of the Declaration of Sentiments. The Declaration of Sentiments clearly laid out the grievances of the suffrage supporters, including the loss of property and wealth in marriage, the lack of educational opportunities, and of course, the lack of the right to vote 1.

As time went on, the suffragists increasingly used new media and nontraditional techniques to raise funds and attract support for their cause. They employed political art and motion pictures to attract new recruits and apply stronger political pressure to achieve reforms.2 For example, the San Francisco College Equal Suffrage League organize a contest to design the best poster illustrating the case for granting women the right to vote. The winning design was drawn by Bertha Margaret Boyé, and features a woman in a flowing gown with a golden crown, reminiscent of the state’s Arts and Crafts style.3

The suffragists also employed specific motifs and allegories to advance their cause. For example, many suffragists dressed up as Joan of Arc during rallies, and visual artists depicted Joan of Arc when creating new materials for the movement. Joan of Arc was considered to be an example of a powerful and courageous woman, and the suffragists sought to channel her essence to garner support.4 The character Lady Liberty was also used frequently by supporters of the women’s suffrage movement. In one depiction published by Puck magazine, Lady Liberty boldly marches eastward across America, enfranchising women as she goes.5

In 1920, the 19th Amendment was ratified, granting women the right to vote. Two prominent women’s suffrage organizations are largely credited with its ratification: the National American Woman Suffrage Association, headed by Carrie Chapman Catt, and the National Woman’s Party, headed by Alice Paul. The ratification of the 19th Amendment was the most significant achievement of women in the Progressive Era.6 Fortunately, many documents and artworks survive from this time period, offering a treasure trove of information for researchers today.

To commemorate the centennial of women’s suffrage in 2020, the Arts Endowment seeks to produce a publication that explains and illustrates how the arts were used to change the course of a nation by allowing women the right to vote. This document should be relatable and easily understood by the general public. The end product should not be a technical document or a catalogue. Rather, the Arts Endowment seeks to produce an accessible and informative general narrative about how the suffrage movement utilized various art forms to achieve success. The Arts Endowment seeks to incorporate as many art forms as possible in this manuscript. This manuscript will be used to help the Arts Endowment commemorate the 100th anniversary of women’s suffrage as we award grants to applicants who are

1 National Women’s History Museum. “The Woman Suffrage Movement: The Most Significant Achievement of Women in the Progressive Era”. National Park Service (Women’s Rights National Historical Park), website.

2 Library of Congress. “Shall Not Be Denied: Women Fight for the Vote”.

3 Votes for Women. Lemay, Kate. Page 186.

4 Votes for Women. Lemay, Kate. Page 170.

5 Votes for Women. Lemay, Kate. Page 186.

6 National Women’s History Museum. “The Woman Suffrage Movement: The Most Significant Achievement of Women in the Progressive Era”.

highlighting the centennial in their projects. The Arts Endowment’s expectation is an end product that is not wholly interpretive but rather fact-based and written so that it is easily accessible by the general public.

2. PROJECT SCOPE

The end product should be a well-researched, well-written, concise and thought-out manuscript in final form, which will include narrative and images (that the Arts Endowment may edit and publish under a separate arrangement by the Arts Endowment or third party) of how the (1) arts intersected with and was used in the suffrage movement and (2) how the suffrage movement inspired art.

The general time frame to be covered is from the movement’s early stages (Seneca Falls 1848) to the ratification of the 19th Amendment in August of 1920. The manuscript should touch on a diverse array of art forms with a particular emphasis on a select few, as outlined below.

This statement of work complements the Art Endowment’s encouragement of grant applications that recognize and honor women’s suffrage. This manuscript will respond to the following questions:

1. How were the arts used to support the suffrage movement?

a) What is the range of examples of such work across artistic disciplines? The Contractor will examine examples from a wide variety of artistic disciplines.

b) How did artists use mediums such as, but not limited to, cartoons, fashion, songs, and poetry to advance the cause for suffrage?

a. Cartoons: Cartoons in major publications, The Suffragist, and similar local publications may provide ample material demonstrating how art helped shape the debate and how the debate helped shape the creation of cartoons. Cartoons were used frequently for suffragist journals.7 The Contractor will research cartoons that were used to advance the suffrage movement and incorporate this information into the final product. Any cartoons that are re-produced under the contract will be done in accordance with Section 3.

b. Fashion: The manuscript should also focus on how the suffrage movement was inspired by fashion and used fashion as a unifying, symbolic aesthetic to further its cause. The Contractor should explain reasons why fashion was used in the movement and also include examples of how the suffrage fashion changed over the course of the movement. The Contractor should also include information about how these fashion choices continue to resonate in contemporary times.8

7 For example, In 1913 Alice Paul and the Congressional Union for Women Suffrage (CUWS) started its own magazine, The Suffragist. The Suffragist published articles by leading CUWS members such as Alice Paul, Lucy Burns, and Inez Milholland. Its main cartoonist was the artist Nina Allender. The Suffragist also published cartoons by Cornelia Barns, Rollin Kirby, Boardman Robinson, Marrietta Andrews, and Van Loon.

8 In 1908 the co-editor of the WSPU’s newspaper, Votes for Women, Emmeline Pethick-Lawrence, designed the suffragette’s color scheme of purple for loyalty and dignity, white for purity, and green for hope. Suffragists sought to present an image of themselves as beautiful and skilled women who would bring civility to the politics and cleanse the system of corruption. Suffragists deployed white to convey these messages, but they also turned to a much more diverse palette. The 1913 Washington, D.C. parade was the first national event that put the cause of the suffragists on front pages of newspapers around the country. Organizers used an intricate color scheme to create an impression of harmony and order. Marchers were divided by professions, countries, and states, and each group adopted a distinct color. Social workers wore dark blue, educators and students wore green, writers wore white and purple, and artists wore pale rose. Inspired by the British suffragettes and their campaign colors (purple, white and green), the National Woman’s Party also adopted a set of three colors: purple white, and golden yellow. They replaced green with yellow to pay tribute to Susan B. Anthony and Elizabeth Cady Stanton, who used the sunflower, Kansas’s state flower, when they campaigned for a failed statewide suffrage referendum in 1867.

c. Songs/Songwriting/Music: The manuscript should include explain how songwriting, songs, and music aided and inspired the suffrage movement. Subject to receiving the appropriate rights/permissions/licensing, the manuscript should reproduce some of the lyrics to most popular songs from the movement. The Contractor will conduct research on music and songs used to advance the cause of women’s suffrage. The Contractor will be responsible for obtaining all the proper rights/permissions/licenses to potentially incorporate any recordings of songs referenced in the manuscript into Arts Endowment website content related to the publication of this manuscript.

See Section 3 for additional information.

d. Poetry: Reproducing poems in accordance with Section 3 and telling the stories behind the poets and poems of the movement should be a point of emphasis in the manuscript. Ideally, the document will highlight at least one poem and poet from each of Arts Endowment’s six Regional Arts Organization (RAO) regions; Arts Midwest, Mid-America Arts Alliance, Mid Atlantic Arts Foundation, New England Foundation for the Arts, South Arts, Western States Arts Federation.

2. How were the arts used in opposition to the suffrage movement? The manuscript should include a brief section on how those who opposed the suffrage movement also employed the arts. This section could be separate and apart from the topics considered in section #1a-d above or incorporated into those sections via additional main text, sidebars, etc.

The Contractor’s detailed work plan, which should reflect input from the Arts Endowment’s Contracting Officer’s Representative (COR), will finalize specific project activities, including deliverables, milestones and timelines. The project will be focused on research and content creation.

Attend a project kick-off meeting with the COR and Contracting Officer

Prepare a very detailed timeline and work plan to propose to the COR/Contracting Officer. The timeline should include frequent and regularly scheduled meetings with the COR/Contracting Officer to provide status updates and an overview of work completed and rights/permissions/licensing received. The timeline should also include when the Contractor will provide drafts of sections of the manuscript for Arts Endowment review and include a review schedule/duration of review. The COR/Contracting Officer may make adjustments to the detailed work plan and timeline as necessary.

Research manuscript content, identify and begin obtaining artwork to be included in the manuscript, and draft corresponding manuscript following the agreed upon work plan and timeline.

Complete a close to final form manuscript for the Arts Endowment to review in it’s entirely and edit as needed.

Obtain all rights/permissions/licenses on a rolling basis and as necessary and in accordance with Section 3 below. This responsibility is solely the Contractor/s to complete thoroughly and on a timely basis. Such documents reflecting appropriate rights/permissions/licenses obtained must be made available to the COR/Contracting Officer immediately upon request.

Complete obtaining all rights/permissions/licenses in accordance with Section 3. The Contractor is solely responsible for obtaining the proper permissions satisfactory to the Arts Endowment. Share design progress, layout and content with the Arts Endowment/COR/Contracting Officers at bi-weekly meetings for review, comments and approval from COR/Contracting Officer. Such meetings may be weekly at the COR/Contracting Officer’s election.

3. OWNERSHIP AND RIGHTS/LICENSES AND PERMISSIONS

a. Ownership – In accordance with the relevant FAR provisions (see FAR § 52.227-17), the Contractor will be directed to assign any copyright interests in the underlying product to the Arts Endowment. The

Arts Endowment will obtain assignment of all copyright interests in all work product. The work will be considered a work of the Arts Endowment.

b. Rights/Permissions/Licenses – The…

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