Sol_140P2122Q0047.pdf

THIS IS A NOTICE OF INTENT FOR REQUEST FOR QUOTE. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation

Number 140P2122Q0047 is issued as a Request for Quotation (RFQ) constitutes the entire solicitation.

Offers and price quotations with detailed breakdown are being requested. This acquisition will be conducted pursuant to FAR Part 12. This solicitation document incorporates all mandatory commercial item provisions and clauses in effect through Federal Acquisition Circular 2022-07, effective August 10, 2022.

This is a small business set-aside. The North American Industry Classification System (NAICS) code is 512191, Teleproduction and Other Post Production Services, with a small business size standard is

$34.5 million.

REQUIREMENT: The contractor shall provide the National Park Service with all services necessary to transfer 65 digital videotapes to Apple ProRes 422 HQ .mov digital files for Selma to Montgomery National

Historical Trail (SEMO) in accordance with this solicitation and all attachments.

Due to space limitations, the complete commercial item specifications are contained in Solicitation

Number 140P2122Q0047. Interested contractors should download this document. The National Park

Service is not responsible for locating or securing any information that is not identified in the quotation.

The government contemplates award of one best value, firm-fixed price contract resulting from this solicitation.

The following Federal Acquisition Regulation (FAR) clauses and provisions are applicable to this announcement and are available at www.acquisition.gov.

52.212-1 Instructions to Offerors-Commercial Items; 52.212-2 Evaluation-Commercial Items;

52.212-3 Offeror Representations and Certifications-Commercial Items; 52.212-4 Contract

Terms and Conditions-Commercial Items; 52.212-5 Contract Terms and Conditions Required

To Implement Statutes or Executive Orders-Commercial Items; 52.232-33 Payment by

Electronic Funds Transfer-System for Award Management; 52.233-1 Disputes in Solicitations and Contracts; 52.233-4 Applicable Law for Breach of Contract Claim; and 52.245-1

Government Property.

Proposals shall be prepared in accordance with the attached solicitation. Failure to adhere to these instructions may render your proposal unacceptable.

• Questions are due via email by 10:00 AM ED on September 12, 2022. Questions submitted using any other method will not be entertained. Questions received after this date and time will not be considered. All questions concerning this request for proposal should be referred to Dee Dee Bender, Contracting Officer via email at dee_dee_bender@nps.gov. Offerors who contact anyone outside of the Office of Acquisition

Management regarding this requirement, may automatically be excluded from competition.

• Proposals are due via email by 10:00 AM ED on September 19, 2022, to dee_dee_bender@nps.gov.

Proposal submissions must reference the solicitation number in the email subject line.

All offerors shall be registered in the System for Award Management (SAM) through the website SAM.gov to be considered eligible for award and shall be considered a small business for the size standard associated with the NAICS code.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

PHF

Harpers Ferry WV 25425 IDC Building 67 Mather Place DOI, NPS, HFC - Acquisition Managem

0009060803 CODE 16. ADMINISTERED BYCODE

X

X

X

512191

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORPWA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/19/2022 1000 ED

09/06/2022

3045356227Shelia Bender (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140P2122Q0047

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 50 0040587026OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Harpers Ferry WV 25425 IDC Building, 67 Mather Place NPS, Harpers Ferry Center

15. DELIVER TO

Denver CO 80225 P.O.Box 25287 MS WCP

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NPS, WASO - WCP Contracting

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Selma to Montgomery National Historical Trail

(SEMO)

The contractor shall provide the National Park Service with all services for the transfer of 65 digital videotapes to Apple ProRes 422 HG.mov digital files for Selma to Montgomery National Historical Trail (SEMO) in accordance with the specifications as detailed in the attached solicitation and its attachments.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Shelia Bender

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 12/16/2022

00010 HAFC SEMO Oral History Digitize

Product/Service Code: T016

Product/Service Description:

PHOTO/MAP/PRINT/PUBLICATION- AUDIO/VISUAL

Period of Performance: 09/23/2022 to 12/16/2022

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

50 2 of

Request for Quote 140P2122Q0047

ORAL HISTORY DIGITAL TRANSFERS

SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL

I. BACKGROUND AND PURPOSE

Selma to Montgomery National Historic Trail (SEMO) was established by Congress in

1996 to commemorate the events, people, and route of the Selma to Montgomery Voting

Rights March of 1965. The 54-mile march from Selma, Alabama, to the state capitol in

Montgomery culminated a journey of a hundred years by African Americans to gain one of the most fundamental of American freedoms: the right to vote. Events associated with the march, and from what came to be known as “Bloody Sunday,” sent shock waves around the world, raised the nation’s consciousness, and convinced political leaders that the time had come for voting rights legislation. The march was the major catalyst for passage of the

Voting Rights Act of 1965, which prohibited racial discrimination in voting.

Since its establishment in 1996, the park has been engaged in an ongoing effort to document and record accounts of the Selma to Montgomery Voting Rights March from multiple perspectives—most importantly from people who directly participated in the march and the struggle for voting rights. The park has an existing collection of oral history interviews in a variety of formats, both audio and video. Some of these interviews were shot on tape and have never been digitized, including a series of interviews filmed by Harpers Ferry

Center (HFC) between 2003 and 2005 for the park’s film “Never Lose Sight of Freedom.”

The park seeks to transfer the HFC interviews from digital videotape to Apple ProRes

422HQ .mov digital files for long-term archival storage and for possible use in the new exhibits at the Selma Interpretive Center.

The purpose of this contract is to provide all services necessary to transfer 65 digital videotapes to Apple ProRes 422 HQ .mov digital files as described in the following Scope of Work.

II. SCOPE AND OBJECTIVES

The project shall be the transfer of 65 digital videotapes to Apple ProRes 422 HQ .mov digital files for Selma to Montgomery National Historic Trail in Selma, Alabama.

A. General Requirements

The contractor shall provide all services, including labor, materials, equipment, facilities, research, and travel necessary to transfer all digital videotapes to .mov digital files in accordance with the specifications as detailed in this contract and its attachments.

B. Specific Requirements

The contractor shall:

1. Transfer 65 digital videotapes to Apple ProRes 422 HQ .mov digital files according to the table in Attachment A, SEMO Tape Inventory and the technical specifications listed in Section II.D, Technical Specifications.

2. Deliver all files on two identical hard drives according to the specifications in

Section II.E, Final Deliverables.

C. Project Management

The Contractor shall assign a Project Manager to oversee the contract. The Project

Manager shall be the primary point of contact between the National Park Service

(NPS) Contracting Officer’s Representative (COR) for the contract. The Project

Manager shall perform the following work:

1. Be the primary point of contact between the contractor and the Contracting

Officer’s Representative (COR).

2. Have full authority to act for the contractor on all matters.

3. Provide quality control to ensure that all elements of project work meet the requirements of the contract specifications as follows:

a. Provide routine inspections of ongoing work.

b. Inform the COR of any issues that could affect work quality or schedule.

c. Ensure that all work not acceptable or compliant with the specifications is corrected prior to review by the COR.

4. Produce a Project Schedule listing all submittals and review times and closeout submittals. The contractor-provided project schedule shall be submitted to the COR for review and approval no later than five business days after Post-Award Conference Call. The contractor shall update the approved schedule and resubmit to the COR as needed over the life of the project.

5. Track work progress to ensure that the project is completed according to the schedule. Coordinate and confirm the dates for all submittals and meetings with the COR.

D. Technical Specifications

1. The source tapes are in three different videocassette formats as listed in

Attachment A, SEMO Tape Inventory. Sample images of the different formats are shown in Attachment B, Sample Tape Scans. The contractor shall transfer the tapes as follows:

a. DVCPRO-HD (30 tapes total). Panasonic AJ-HP92ELG (red lid), 92 minutes total capacity per tape. The resolution and frame rate of these tapes is unknown but assumed to be 720p. The contractor shall transfer these tapes at a resolution of 1920 x 1080 and shall match the native frame rate of the source tapes.

b. DVCPRO-50 (18 tapes total). Panasonic AJ-5P92LP (blue lid), 92 minutes capacity per tape. The resolution and frame rate of these tapes is unknown.

If the tapes are high definition (720p or higher), the contractor shall transfer these tapes at a resolution of 1920 x 1080 and match the native frame rate.

If the tapes are standard definition, the contractor shall match the native resolution and frame rate.

c. DVCPRO (17 tapes total). Panasonic DP121 or AJ-P126LP (yellow lid), 126 minutes total capacity per tape. The resolution and frame rate of these tapes is unknown. If the tapes are high definition (720p or higher), the contractor shall transfer these tapes at a resolution of 1920 x 1080 and match the native frame rate. If the tapes are standard definition, the contractor shall match the native resolution and frame rate.

2. The contractor shall transfer all source tapes to Apple ProRes 422 HQ .mov files.

3. The contractor shall digitize all tapes “as-is” with no editing of the content or mixing of the audio tracks. If a source tape has more than one channel of audio, the contractor shall maintain the native track configuration with no mixing of channels. (The audio track configurations are unknown, but the government assumes there are two separate channels of audio on each source tape.)

4. The contractor shall label all digital files using the file names listed in

Attachment A, SEMO Tape Inventory.

E. Final Deliverables

Upon completion of the project, the contractor shall deliver all digital files on two redundant hard drives as follows:

1. Hard drives shall be industry-standard USB-3, USB-C or faster connection.

2. Total space used shall not exceed 75% percent of the hard drive space (for example, a 10TB drive shall only carry 7.5TB of data).

3. All power and connector cords shall be provided.

4. One of the two hard drives shall be formatted for Apple File System (HFS+) and encrypted for Mac using FileVault.

5. One of the two hard drives shall be formatted for Microsoft NTFS and encrypted for PC using Bitlocker.

6. Hard drives and boxes shall be physically labeled as follows:

a. Park alpha code (SEMO)

b. Project number (TV-1062)

c. Description (2003-2005 Interviews)

d. Formatting info (Mac or PC version)

III. TRAVEL, MEETINGS, AND PRESENTATIONS

The contractor’s Project Manager shall participate in a brief (approximately 30 minutes)

Post-Award Conference Call with the COR and Contracting Officer to discuss the Scope of Work and answer any questions the contractor might have about the project. The date and time of the call shall be determined between the COR and contractor within five working days after contract award.

IV. DELIVERABLES AND DESTINATION POINT

All deliverables shall be shipped Free On Board (FOB) Destination, within Consignee’s premises, with all shipping and transportation costs prepaid. Deliverables shall be shipped by either registered or certified mail to ensure that shipments can be traced, if lost.

A. Deliverables shall include the following:

1. One Mac-formatted hard drive

2. One PC-formatted hard drive

3. One cover letter with a description of the contents and passwords for each drive

B. Deliverables shall be sent to the following:

National Park Service, Harpers Ferry Center

Attention: COR

P.O. Box 50

67 Mather Place

Harpers Ferry, West Virginia

25425-0050

V. PERIOD OF PERFORMANCE

All work, including review and approval, shall be completed on or before December

16, 2022.

VI. REVIEW AND APPROVAL

The COR shall notify the contractor, in writing, of approval or rejection of the work within

10 working days. Any additions or corrections shall be completed within 15 working days.

In the event the government delays comments beyond the period specified, the contractor shall be entitled to a day-to-day extension in the completion date.

VII. GOVERNMENT-FURNISHED PROPERTY

The contractor shall be responsible for security and protection of government-furnished property or materials provided in connection with this contract (See FAR 52.245-2).

Following acceptance of all work by the government, the contractor shall return to the COR all government-furnished property.

A. The government shall furnish 65 source tapes as listed in Attachment A, SEMO Tape

Inventory. Tapes will be shipped to the contractor in five separate boxes, with each box containing no more than 13 tapes.

B. Upon completion of the project, the contractor shall return the source tapes in five separate boxes, with each box containing no more than 13 tapes. Tapes shall be shipped

Free On Board (FOB) Destination, within Consignee’s premises, with all shipping and transportation costs prepaid. Deliverables shall be shipped by either registered or certified mail to ensure that shipments can be traced, if lost.

VIII. LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

The following listed documents are attached and incorporated into this contract.

1. Attachment A – SEMO Tape Inventory, PDF, three pages

2. Attachment B – Sample Tape Scans, PDF, two pages

3. Attachment C – Cost Estimate Form, Excel, one sheet

IX. PAYMENT

Upon completion and acceptance of the final deliverables, the contractor shall be paid a firm-fixed-price of $__________.

X. INVOICING

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP)

(May 2016)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: none

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in

SAM) will receive enrollment instructions via email from the Federal Reserve Bank of

Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email

IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the

Contracting Officer with its proposal or quotation. (End of Local Clause)

XI. TRAVEL

In accordance with Public Law 99-234, "Federal Civilian Employee and Contractor Travel

Expense Act of 1985", travel-related expenditures for Contractor's personnel are restricted to the limits established for federal employees. This includes mileage for company-owned vehicles.

https://www.ipp.gov/

The Contractor shall travel as required to support program tasks. All travel arrangements are to be made by the Contractor. Payment for transportation, per diem, mileage, parking, and other fair and reasonable travel expenses will be paid in accordance with the effective

Federal Travel Regulations as amended and supplemented by the Department of the

Interior travel regulations where applicable. No Federal travel authorizations are to be issued. The Contractor shall make every effort to keep travel costs to a minimum. No reimbursement will be made for parking at a Contractor's normal place of work. No overhead, profit or G&A shall be allowed on travel costs.

Travel costs shall be reimbursed in accordance with the Federal Travel Regulations. Travel is only funded to the extent specified within the travel CLIN. The contractor shall not incur any travel costs in excess of the amount funded within the travel CLIN. The Government shall not be liable for any travel related costs incurred by the contractor which are in excess of the total amount funded within the travel CLIN.

If the contractor has reason to believe they may exceed the amount funded on the travel

CLIN, they shall notify the Government Contracting Office immediately. Additional funding may only be added to the travel CLIN through a formal signed modification issued by a Government Contracting Officer. Profit, fee, G&A or overhead may not be incurred on travel costs.

XII. ADDITIONAL WORK

Any additional work not detailed in this contract shall be approved, in writing, by the

Contracting Officer via a bilateral modification.

XIII. LOSS OR DAMAGE

The contractor shall be liable for any loss or damage to any government property caused by negligence, theft, or willful misconduct of the contractor, his agents, servants, and employees, and shall indemnify and save the government harmless against all actions, proceedings, claims, demands, costs, damages, and expenses, including attorney’s fees, by reason of any suit or action brought for any actual or alleged injury to or resulting from the performance of this contract. The contractor shall submit a full written report to the Contracting Officer within

24 hours following the occurrence of such damage, loss, or injury.

If due to fault, neglect, dishonesty of the contractor, his agency or employees, loss or damage to government property is incurred during the performance of this contract, the contractor shall be responsible for same. The government, at its option, may in lieu of repayment, require the contractor to replace at his own expense, all such property as directed by the Contracting

Officer. Until the equipment is repaired or replaced, the contractor shall furnish similar, adequate replacement property and/or equipment at no charge to the government, within two working days of the date the equipment has been lost, stolen, or damaged.

XIV. CONTRACT ADMINISTRATION

A. The National Park Service, Contract Specialist / Contracting Officer address is:

Office of Acquisition Management

P.O. Box 50

67 Mather Place

The contractor shall use the Contracting Officer as a point of contact on all business and administrative matters concerning this contract. All correspondence, other than that of a technical nature, shall be addressed to the Contracting Officer, with information copies of the basic correspondence to the COR.

B. The National Park Service, COR address is:

Attention: COR

P.O. Box 50

67 Mather Place

The contractor shall use the COR as the point of contact for all technical matters under the contract. Technical correspondence shall be addressed to the NPS COR, with an information copy of the basic correspondence to the Contracting Officer.

XV. FACILITY SECURITY POLICY

Contractors attending meetings or accomplishing work within the buildings or real property of the National Park Service shall adhere to the security policy of each office. It shall be the responsibility of the contractor to contact the office before work begins for a briefing on security policies.

XVI. CONTRACTING OFFICER’S REPRESENTATIVE

DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (Sep 2011)

A. The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

B. The Contracting Officer will designate a Contracting Officer's Representative

(COR) at time of award. The COR will be responsible for technical monitoring of the Contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

C. The COR is not authorized to perform, formally or informally, any of the following actions:

1. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

2. Waive or agree to modification of the delivery schedule;

3. Make any final decision on any contract matter subject to the Disputes

Clause;

4. Terminate, for any reason, the Contractor's right to proceed;

5. Obligate in any way, the payment of money by the Government.

D. The Contractor shall comply with the written or oral direction of the Contracting

Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers having been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers exceeding the COR's appointment, within THREE (3) days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

E. The Contracting Officer shall respond in writing within thirty (30) days to any notice made under paragraph (d) of this clause. A failure to the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

F. The Contractor shall provide copies of all correspondence to the Contracting

Officer and the COR.

G. Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of clause)

XVII. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

NOTICE TO CONTRACTORS

Contractor Performance Assessment Reporting System (December 2015)

A. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System

(CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

B. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval

System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

C. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

D. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

E. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within 60 calendar days after receipt of the CPAR.

On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

6. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated:

"The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment."

https://www.cpars.gov/ https://www.cpars.gov/

F. The following guidelines apply concerning your use of the past performance evaluation:

1. Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through

CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

2. Strictly control access to the evaluation within your organization.

Ensure the evaluation is never released to persons or entities outside of your control.

3. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

G. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

H. A copy of the completed past performance evaluation will be available in

CPARS for your viewing and for Government use supporting source selection actions after it has been finalized. (End of Local Clause)

XVIII. TECHNICAL DATA CONFIDENTIALITY

The quote submitted in response to this Request for Quote may contain technical data that the offeror or his subcontractor (s) does not want used or disclosed for any purpose other than for evaluation of the quote. The use and disclosure of any such technical data may be restricted, provided that the offeror marks the cover sheet of the quote with the following legend:

“Technical data contained in pages _______ of this quote shall not be used or disclosed, except for evaluation purposes.”

If a contract is awarded as a result of or in connection with the submission of this quote, the government shall have the right to use or disclose this technical data to the extent provided in the contract. This restriction does not limit the government’s right to use or disclose technical data obtained from another source without restrictions. The government assumes no liability for disclosure or use of unmarked technical data and may use or disclose the data for any purpose and may consider that the quote was not submitted in confidence and therefore releasable under the Freedom of Information Act (5 USC 552).

XIX. CLAUSES INCORPORATED BY REFERENCE

(FAR 52.252-2) (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:

www.acquisiton.gov

CLAUSES INCORPORATED BY REFERENCE

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014

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

Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.209-5 Certification Regarding Responsibility Matters AUG 2020

52.212-4 Contract Terms and Conditions – Commercial Items NOV 2021

52.227-14 Rights in Data – General MAY 2014

52.227-17 Rights in Data – Special Works DEC 2007

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021

52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984

52.242-15 Stop-Work Order AUG 1989

XX. CLAUSES INCORPORATED BY FULL TEXT

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT

(FAR 52.204-25) (NOV 2021)

(a) Definitions. As used in this clause—

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 foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means– http://www.acquisiton.gov/

(1) Telecommunications equipment produced by Huawei

Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera

Communications Corporation, Hangzhou Hikvision Digital

Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the

Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States

Munitions List set forth in the International Traffic in Arms

Regulations under subchapter M of chapter I of title 22, Code of

Federal Regulations;

(2) Items included on the Commerce Control List set forth in

Supplement No. 1 to part 774 of the Export Administration

Regulations under subchapter C of chapter VII of title 15, Code of

Federal Regulations, and controlled-

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

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

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part

810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

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

(5) Select agents and toxins covered by part 331 of title 7, Code of

Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

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

4817).

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., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

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.

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as https://www.acquisition.gov/content/part-4-administrative-and-information-matters#id1989GI040ZO part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the

Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the

Contracting Officer(s) for any affected order or, in the case of the

Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

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

(if known); supplier Commercial and Government Entity

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

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

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

(FAR 52.212-5) (MAY 2022)

(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 products and commercial services:

(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 (Nov

2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-

232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws

108-77 and 108-78 ( 19 U.S.C. 3805 note)).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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 products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun

2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov

2021) (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 (Jun 2020) (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. (Nov

2021) (31 U.S.C. 6101 note).

_X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep

2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) 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 (Nov 2021) (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 (Jun 2020) of 52.219-9.

https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9

__ (v) Alternate IV (Sep 2021) of 52.219-9.

X (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_X (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep

2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-

Aside (Sep 2021) (15 U.S.C. 657f).

_X_ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep

2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar

2020) (15 U.S.C. 644(r)).

_X (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan

2022) (E.O.13126).

_X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (30)

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

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

_X (31)

(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun

2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.