RFQ26Q0031_SocialListeningStrategicService.pdf

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031

TABLE OF CONTENT

RFQ# 19PM0726Q0031

PDS - Social Media Listening Dashboard and Strategic Intelligence Service [2026-2027]

SECTION 1 - THE SCHEDULE

1. PERFORMANCE WORK STATEMENT

2. PRICING

CONTINUATION TO SF-1449, RFQ NUMBER 19PM0726Q0031

1. STATEMENT OF WORK

2. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

SECTION 2 - CONTRACT CLAUSES

SECTION 3 - SOLICITATION PROVISIONS

SECTION 4 - EVALUATION FACTORS

SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS

ATTACHMENT A – C-SCRM QUESTIONNAIRE

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449, RFQ NUMBER 19PM0726Q0031

PRICES, BLOCK 23

1. PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price purchase order is for daily service of social media listening and strategic intelligence service for the U.S. Embassy Panama - Public Diplomacy Section (PDS).

B. The contract will be for a one-year period from the date of the contract award.

C. All prices should be in U.S. Dollars.

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031

2. PRICING

Standard Services

Description Qty Unit Unit

Price Total Price

CLIN 001

Social Media Listening Dashboard, Strategic Intelligence Service, Weekly Reports, Ad Hoc Reports, and Monthly Sync Meetings - in accordance with the Scope of Work.

12 month $ $

GRAND TOTAL: $

VALUE ADDED TAX.

Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031

CONTINUATION TO SF-1449, RFQ NUMBER 19PM0726Q0031

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. STATEMENT OF WORK

The United States Embassy seeks companies that monitor, analyze, and interpret in real-time social media conversations relevant to U.S. Embassy interests. The service will provide structured, real-time intelligence on trending topics, narratives, emerging risks, and opportunities in the digital environment in a dashboard format accessible 24/7. The service will provide weekly and ad hoc reports in English of the main findings, as well as monthly sync meetings to refine the product. The service provider should have a minimum of 5-years of experience in social listening intelligence and analysis in the Panamanian digital landscape.

The Contractor shall provide complete services for the U.S. Embassy Panama – PDS Office.

The contractor shall develop, provide and implement the specific activities below:

I. Social Media Listening Dashboard:

• Tool Coverage: Integration of a minimum of five (5) internationally recognized, secure social media listening tools/platforms, covering at minimum the following source networks: X, Facebook, Instagram, YouTube, and TikTok. The contractor must list each social listening tool/platform on the proposal.

The coverage must include analyzing comments on specific topics on these five platforms.

The coverage should focus exclusively on voices in Panama and/or shared in Panama’s digital landscape, including high impact voices, official voices, emerging conversations and trending topics.

The dashboard should be updated in real-time every 20 minutes, after the data has been made public on social media. The contractor should keep the dashboard updated between 6:00 a.m. and 9:00 p.m.

from Monday to Saturday. The Embassy should have access to the dashboard 24 hours of the day, 7 days a week.

• Security: All tools must meet recognized international data security and privacy standards. The contractor should document the security certifications/compliance of each tool prior to contract award.

• Analytics Depth: The dashboard should provide deep analytics with drill-down capability, allowing Embassy users to move from high-level trends to granular source-level data, including classification of content by topic, sentiment, source type, and reach.

All analytics, classification, and findings provided under this contract should incorporate substantive human analytical review and validation and should not be generated exclusively through artificial intelligence or automated algorithmic processing. The contractor should ensure that a qualified human analyst with a minimum of 5-years of experience reviews, contextualizes, and validates AI-or algorithm-generated outputs prior to inclusion in any dashboard update.

The analysis should identify dominant narratives, early risk warnings, disinformation patterns, public perception and geopolitical analysis, follow up on trending topics or narratives of influence, and provide comprehensive analysis of selected or identified topics and their impact on the United States.

The analysis should filter information to separate meaningful signals from background noise, ensuring only strategically relevant content reaches Embassy reporting. This includes identifying bot-farms, paid campaigns, suspected coordinated inauthentic behavior, anomalous amplification, bot-like activity, and paid/sponsored amplification, and excluding this content from the narrative and

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031 sentiment analysis to ensure the result is accurate, with the methodology and confidence level disclosed.

The sentiment analysis should cover 100% of publications on the specified topic and should not be limited to a sample or percentage of publications.

The dashboard should compile and interpret publications and metrics, adding analytical value to the digital conversation and provide enough comprehensive information to understand how public conversation is built on social media, and the strategic implications it can have for the embassy's interests.

Beyond the data compilation, the dashboard and added services should allow the Embassy to contextualize information, identify relevant narratives and their evolution, determine risks and opportunities, interpret dynamics, filter relevant information and generate key signals on evolving narratives.

• Topics of Interest: The dashboard should focus exclusively on topics of interest designated by the

Embassy. The number of topics must be unlimited, and the Embassy may add, modify, or retire topics at its discretion throughout the period of performance.

• Exclusivity of Results: All data, dashboards, findings, and derived intelligence products should be shared exclusively with the Embassy. The contractor should not use, repurpose, or disclose Embassy-specific findings, queries, or thematic configurations for any other client or purpose. Embassy queries, configurations, bespoke analysis, reports, alerts, and derived products must be treated as confidential.

• Real-Time Visualization: The dashboard should have 24/7 access and should provide real-time visualization of trends, narratives, and key metrics, in a structured format. The contractor should continually modify and edit the dashboard, as needed, to accommodate evolving Embassy requirements throughout the period of performance.

• Template Dashboard: The contractor should provide a template of the dashboard in the proposal.

• Continuous Support Services: The contractor should provide continuous support throughout the period of performance, responding to issues within 30 minutes of notification, including but not limited to: Ongoing updates to keywords and search terms to maintain relevance and effectiveness;

identification of posts or content not currently visible or tracked across relevant platforms;

troubleshooting of technical or performance issues as they arise; and other related support services as needed to ensure continuous, effective dashboard performance. The contractor should also provide training/onboarding to familiarize the user with the dashboard.

• Account Access: The contractor shall provide the Embassy with a minimum of three (3) user accounts to accommodate designated users. The platform shall support simultaneous access by authorized Embassy users and provide appropriate administrative privileges to designated Embassy personnel for account and dashboard management. The contractor shall clearly identify any limitations on the number of users, accounts, or simultaneous sessions.

• Export Functionality: The dashboard shall also provide functionality to export underlying data and reporting results in Microsoft Excel (.xlsx) and/or other commonly used, non-proprietary formats.

Exported data shall be available for independent Embassy use and analysis and shall not be restricted to viewing or analysis exclusively within the contractor's dashboard or proprietary platform.

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• Real-Time Alerts: The contractor shall proactively notify Embassy-designated personnel when monitoring identifies a significant development involving an Embassy-designated topic, including but not limited to a rapid increase in conversation volume or engagement; emergence of a potentially harmful or misleading narrative; significant negative or positive shift in sentiment; viral content involving the United States, U.S. Embassy, U.S Ambassador or other high-level official, or Embassy-designated issues; significant activity by high-impact accounts; or suspected coordinated amplification. Initial notification shall be provided within 30 minutes of contractor identification and shall include, at minimum, a description of the development, relevant source content, preliminary assessment of reach and significance, and recommended areas for continued monitoring. Significant developments shall be followed by updated analysis as the situation evolves.

II. Weekly Report:

The contractor should provide a weekly report in English on the date established by the Embassy which should include:

• Selection and analysis of the most relevant topics, trends, and publications of the week, based on

Embassy-defined topics of interest.

• Quantitative and qualitative analytics of digital conversation to identify context, behavior, and signals of interest.

• Clear, actionable conclusions for each topic analyzed, connecting findings to potential implications for Embassy interests.

• The contractor should ensure that a qualified human analyst with a minimum of 5-years of experience reviews, contextualizes, and validates AI- or algorithm-generated outputs prior to inclusion in the weekly report or ad hoc report, including revising any translations that are AI-generated.

• The contractor should provide a sample of the report during the contracting process.

• Trend comparisons are required, including narrative velocity, unusual spikes, and emerging versus declining narratives.

• The report should also have a network/narrative propagation analysis to know not merely what audiences are saying, but who originated a narrative, who amplified it, how it moved across platforms, and which accounts/communities drove reach.

III. Ad hoc Report:

The contractor should deliver ad hoc reports in English on specific topics when an Embassy-identified urgent matter high-level event occurs (examples include: breaking political/security news, major Embassy events, viral narratives involving the United States, significant misinformation/disinformation, sudden sentiment shifts, etc.)

These reports should:

• Be initiated within 30 minutes of Embassy notification or contractor identification of a qualifying event.

• Provide rapid turnaround analysis of relevant digital conversation, narratives, and risk indicators tied to the specific event.

• Be delivered within 2 hours of Embassy notification or contractor identification of a qualifying event.

• The contractor should ensure that a qualified human analyst with a minimum of 5-years of experience reviews, contextualizes, and validates AI- or algorithm-generated outputs prior to inclusion in the weekly report or ad hoc report, including revising any translations that are AI-generated.

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031

IV. Monthly Meeting:

The contractor should conduct a monthly meeting with Embassy team to:

• Accompany the Embassy in the executive interpretation of findings.

• Support the reading and contextualization of underlying data.

• Analyze implications of findings for Embassy decision-making.

• Receive feedback regarding the product and propose solutions to any emerging issues, blind spots, or other issues experienced by Embassy users.

• Provide actionable recommendations on risks, opportunities, and courses of action for Embassy consideration.

Deliverables:

• Real-time 24/7 access to dashboard.

• Weekly report.

• Ad hoc reports.

• Monthly meeting.

2. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

a) This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Paragraphs Performance Threshold

Services.

Social Listening and Strategic Intelligence services set forth in the scope of work.

1. thru 4. All required services are performed and no more than one

(1) customer complaint is received per month.

b) SURVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

c) STANDARD. The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions - Commercial Products and Commercial Services (NOV 2023), if any of the services exceed the standard.

d) PROCEDURES.

1) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

2) The COR will complete appropriate documentation to record the complaint.

3) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

https://www.acquisition.gov/far/52.212-4

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031

4) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

5) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

6) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

7) The COR will consider complaints as resolved unless notified otherwise by the complainant.

8) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (DEVIATION JAN

2026) IS INCORPORATED BY REFERENCE. (SEE SF-1449, BLOCK 27A).

This purchase order or BPA incorporates the following 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: https://www.acquisition.gov/far-overhaul/ this address is subject to change.

FAR clauses may be accessed at: https://acquisition.gov/dosar

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES:

CLAUSE

NUMBER TITLE DATE

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT (JUN 2020), WITH ALTERNATE I

DEVIATION

JAN 2026

52.203-17 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS

NOV 2023

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

JAN 2017

52.204-7 SYSTEM FOR AWARD MANAGEMENT DEVIATION

JAN 2026

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

JAN 2011

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT

DEVIATION

JAN 2026

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE DEVIATION

JAN 2026

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, PROPOSED FOR DEBARMENT, OR

VOLUNTARILY EXCLUDED

DEVIATION

JAN 2026

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIBILITY MATTERS

DEVIATION

JAN 2026

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

DEVIATION

JAN 2026

52.222-50 COMBATING TRAFFICKING IN PERSONS DEVIATION

FEB 2026

52.223-23 SUSTAINABLE PRODUCTS DEVIATION

FEB 2026

52.224-3 PRIVACY TRAINING JAN 2017

52.225-5 TRADE AGREEMENTS NOV 2023

52.225-19 CONTRACTOR PERSONNEL IN A DIPLOMATIC OR CONSULAR

MISSION OUTSIDE THE UNITED STATES

MAY 2020

https://www.acquisition.gov/far-overhaul/ https://acquisition.gov/dosar

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52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING

MAY 2024

52.232-29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

NOV 2021

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

MAR 2023

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR

AWARD MANAGEMENT

OCT 2018

52.233-3 PROTEST AFTER AWARD DEVIATION

JAN 2026

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM DEVIATION

JAN 2026

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

DEVIATION

JAN 2026

THE FOLLOWING CLAUSES ARE PROVIDED IN FULL TEXT:

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

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 30 days.

(End of clause)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

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52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND REPRESENTATION

(FEB 2021)

(a) Definitions. As used in this clause— Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30), means–

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if-

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) (1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements—Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall–

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption.

If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W-14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7).

Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C.

5000C tax is a tax matter, not a contract issue.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section7701&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/w14 https://www.acquisition.gov/far/52.229-11#FAR_52_229_11 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim

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(f) Taxes imposed under 26 U.S.C. 5000C may not be—

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations.

A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

52.240-91 SECURITY PROHIBITIONS AND EXCLUSIONS (DEVIATION JAN 2026)

(a) Definitions. As used in this clause— American Security Drone Act-covered foreign entity means an entity included on a list that the Federal Acquisition Security Council (FASC) develops and maintains and publishes in the System for Award Management (SAM) at https://www.sam.gov (section 1822 of Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Covered article, as defined in 41 U.S.C. 4713(k), means:

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

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 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section5000C&num=0&edition=prelim https://www.irs.gov/help/tax-law-questions

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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).

FASC-prohibited unmanned aircraft system means an unmanned aircraft system manufactured or assembled by an American Security Drone Act—covered foreign entity.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring removing covered articles from executive agency information systems or excluding one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201-1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders that apply to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders that apply to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders that apply to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

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(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connecting a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Kaspersky Lab-covered article means any hardware, software, or service that—

(1) Is developed or provided by a Kaspersky Lab-covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a Kaspersky Lab-covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a Kaspersky Lab-covered entity.

Kaspersky Lab-covered entity means—

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab, including any change in name, e.g., “Kaspersky”;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

Subsidiary means an entity in which more than 50 percent of the entity is owned directly by a parent corporation or through another subsidiary of a parent corporation.

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

Unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft (49 U.S.C. 44801(11)).

Unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the operator to operate safely and efficiently in the national airspace system (49 U.S.C. 44801(12)).

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(b) Prohibitions on providing or using specific products or services in performance of contract. Unless a waiver or exception applies, the Contractor is prohibited from providing any products or services to the Government or using in the performance of the contract any of the following:

(1) A covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees (section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L.

117-328));

(2) A Kaspersky Lab-covered article (Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91));

(3) Covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system (paragraphs (a)(1)(A) of section 889 of the John S.

McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)). This does not prohibit contractors from providing—

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

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

(c) Prohibition on unmanned aircraft systems manufactured or assembled by American Security Drone Act— covered foreign entities.

(1) Prohibition. The Contractor is prohibited from—

(i) Delivering any FASC-prohibited unmanned aircraft system, which includes unmanned aircraft (i.e., drones) and associated elements (sections 1823 and 1826 of American Security Drone Act of 2023, within the National Defense Authorization Act for Fiscal Year 2024, Pub. L. 118-31, Div. A, Title XVIII, Subtitle B, 41 U.S.C.

3901 note prec.);

(ii) On or after December 22, 2025, operating a FASC-prohibited unmanned aircraft system in the performance of the contract (section 1824 of Pub. L. 118-31); and

(iii) On or after December 22, 2025, using Federal funds to procure or operate a FASC-prohibited unmanned aircraft system (section 1825 of Pub. L. 118-31).

(2) Procedures. The Contractor shall search SAM for the FASC-maintained list of American Security Drone Act— covered foreign entities before proposing, or using in performance of the contract, any unmanned aircraft system. Also, the Contractor shall ensure any effort or expenditure associated with a FASC-prohibited unmanned aircraft system is consistent with a corresponding exemption, exception, or waiver determination expressly stated in the contract.

(3) Exemptions, exceptions, and waivers. The prohibitions in paragraph (c) of this clause do not apply where the agency has determined an exemption, exception, or waiver applies, and the contract indicates that such a determination has been made. See sections 1823 through 1825 and 1832 of Public Law 118-31 for statutory requirements pertaining to exemptions, exceptions, and waivers.

(d) Prohibition on using or providing specific products or services or conducting certain transactions regardless of connection to contract.

(1) Certain telecommunications and video surveillance equipment, systems, or services.

(i) Unless an applicable waiver has been issued by the Government, the Contractor cannot use any equipment, systems, or services 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 (paragraph (a)(1)(B) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232)).

(ii) This prohibition applies to using covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. This does not prohibit the contractor from using—

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

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

(2) Office of Foreign Assets Control Restrictions.

(i) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any

Social Listening Dashboard and Strategic Intelligence Service - PDS 19PM0726Q0031 proclamation, Executive order, or statute administered by OFAC, or if OFAC’s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States.

(ii) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas.

(A) For lists of entities and individuals subject to economic sanctions, see OFAC’s List of Specially Designated Nationals and Blocked Persons at https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationalsand-blocked-persons-list-sdn-human-readable-lists.

(B) For more information about these restrictions, as well as updates, see OFAC’s regulations at 31 CFR chapter V and at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information.

(C) To conduct electronic screens of potential parties to regulated transactions, see the consolidated screening list at https://www.trade.gov/consolidated-screening-list, which consolidates multiple export screening lists of the Departments of Commerce, State, and the Treasury.

(3) Sudan prohibition. The Contractor is prohibited from conducting any restricted business operations in Sudan in accordance with Accountability and Divestment Act of 2007 (Pub. L. 110-174).

(4) Iran prohibitions.

(i) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, the contractor shall not engage in certain activities or transactions relating to Iran (section 6(b)(1)(A) of Iran Sanctions Act (50 U.S.C. 1701 note).

(ii) Unless an exception applies according to paragraph (d)(4)(iii) or the Government grants a waiver, contractor shall not export certain sensitive technology to Iran, as determined by the President, and has an active exclusion in SAM (22 U.S.C. 8515).

(iii) The prohibition in paragraphs (d)(4)(i) and (d)(4)(ii) do not apply if the acquisition is subject to trade agreements and the offeror certifies that all the offered products are designated country end products or designated country construction material (see part 25).

(iv) Unless an exception applies or the Government grants a waiver, contractors are prohibited from knowingly engaging in any significant transaction (i.e., over $15,000) with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked according to the International Emergency Economic Powers Act (section 6(b)(1)(B) of Iran Sanctions Act (50 U.S.C. 1701 note)).

(e) Governmentwide exclusion and removal orders.

(1) Unless the Government has issued an applicable waiver, contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order as follows:

(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.

(ii) For all other solicitations and contracts, DHS FASCSA orders apply.

(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders.

(3) The Government may identify in the solicitation other FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resulting contract.

(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 40.204-1(c)).

(f) Reasonable inquiry. The contractor shall conduct a reasonable inquiry to determine if there are any prohibited products or services. The inquiry will look at any information in the entity’s possession but does not need to include an internal or third-party audit.

(g) Removal of prohibited products and services. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that this clause prohibits.

(h) General report.

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(1) If the Contractor identifies or is notified by any source, (including a subcontractor at any tier), that any product or service provided or used (or to be provided or used) during contract performance does not comply with any prohibition in this clause, then the Contractor shall report the following information, or as much information is known, in writing to the contracting office as identified in paragraph (h)(2) within 72 hours:

(i) Contract number and order number, if applicable;

(ii) The specific prohibition the product or service is not complying with;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the contractor would like the Government to consider a waiver, and asks for such a waiver);

(vii) Whether alternative products or services are available that would comply with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions implemented or recommended.

(2) If a report must be submitted to a contracting office, the Contractor shall submit the report as follows:

(i) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Contractor shall report to the Contracting Officer.

(iii) For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.

(3) If the report provided does not contain any of the information required by paragraph (h)(1) of this clause, and the contractor later discovers new information that is required by paragraph (h)(1) of this clause, then the contractor shall submit a subsequent report within 72 hours of discovering the new information.

(4) The contractor shall also report the information in paragraph (h)(1) if the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification.

(i) New FASCSA orders report.

(1) During contract performance, the Contractor shall review SAM at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (e) of this clause.

(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.