Solicitation- 951700-24-R-0028 Thiacom 6 Services.pdf
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- Attached to
- USAGM Thiacom 6 Services Federal contract opportunity
- Solicitation number
- 951700-24-R-0028
- Issued by
- US Agency for Global Media
About this file
This document is a solicitation for a federal contract opportunity issued by the US Agency for Global Media (USAGM) to provide satellite transponder capacity, backhaul satellite transport, transcoding and down-conversion, uplink services, and confidence feed monitoring for uplinking VOA/RFA News TV (SD) to the Thaicom 6 satellite at 78.5 east.
The contract will be a base period of one year with four one-year option periods. USAGM requires 2.7 Mbps of satellite capacity on Thaicom 6 to transmit the VOA/RFA News TV (SD) programming with stereo audio to the Southeast Asia region. Offerors must provide two diverse direct internet access (DIA) circuits with error correction protocol to deliver the content from USAGM's locations to the uplink teleport. The solicitation evaluates proposals on technical design and implementation, operations and management approach, past performance, and price. Proposals are due by July 5, 2024.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Thaicom 6 Pricing.xlsx | XLSX spreadsheet | |
| Solicitation - 951700-24-R-0028 Thiacom 6 Services.pdf | ||
| Solicitation Amendment 951700-24-R-0028 A01.pdf |
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Text version
Instructions to Offerors
L. 1 GENERAL
You are invited to submit a proposal in response to our Request for Proposal (RFP). As a result of this solicitation, the Government intends to award a definitive contract. All interested parties submitting an offer package must be registered in the System for Award Management (SAM) and have no exclusions at the time of offer submission.
Offerors shall assume that the Government has no prior knowledge of the company's capability and experience. The basis of the Government’s evaluation is the information offerors present in their proposals.
Emailed copies (softcopy) of the proposals are due to David Wallace, at DWallace@usagm.gov and Brittany Vandiver at, bvandiver@usagm.gov. Offers must be received no later than 4:00:00 pm, ET, Friday, July 5, 2024. Email is the only acceptable method for submitting offers and no other method will be accepted. Proposals arriving after exact date and time specified herein will be considered "late" and will not be evaluated. The format of the proposal shall be standard PDF searchable. The use of hyperlinks within the quote is prohibited.
Offerors must email all questions concerning this solicitation in writing to David Wallace, at DWallace@usagm.gov and Brittany Vandiver at, bvandiver@usagm.gov no later than 12:00:00 pm, ET, Wednesday, June 26, 2024. Questions will not be accepted after specified date and time. Responses to questions will be provided in writing only. No telephone inquiries will be accepted
When submitting questions and comments please refer to the specific text of the solicitation in the following format:
Subject: RFP NO. 951700-24-R-0028 Reference: RFP Section ____, Paragraph (s) ____, Page(s) ____.
If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the Contracting Officer in writing with supporting rationale.
Proprietary data contained in the proposal must be clearly marked by the offeror and will be handled as such.
L.2 CONTENTS OF OFFER SUBMISSION.
Offerors shall confine submissions to essential matters, sufficient to define the offer in a concise manner, to permit a complete and accurate evaluation of the proposal. Offerors are cautioned that a restatement of the technical requirements in the Solicitation does not demonstrate an understanding of the requirement or capability to perform. Offerors are responsible for including
Solicitation-951700-24-R-0028 Thiacom 6 Services mailto:DWallace@usagm.gov mailto:bvandiver@usagm.gov sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.
Offer Preparation Costs. The Government will not reimburse the offeror for any cost incurred for the preparation and submission of a proposal in response to this solicitation. The offeror is advised that the Contracting officer is the only person who can legally obligate the Government for the expenditure of public funds in connection with this procurement.
L.3 SUBMISSION OF OFFERS
Offer Organization: The proposal must be compliant with the requirements as stated in the solicitation herein. Nonconformance with the solicitation requirements may result in an unfavorable quote evaluation and elimination from consideration for award.
Offerors shall provide a proposal in four separate volumes and a cover letter.
• Volume I, Technical Design and Implementation
• Volume II, Operations and Management Approach
• Volume III, Past Performance
• Volume IV, Price
The Government will evaluate proposals in accordance with the evaluation factors set forth in Section M of this solicitation. Each proposal volume shall be separate and complete so the evaluation of one may be accomplished independently of evaluation of any.
The proposals submitted are “For Official Use Only” and contains “Source Selection Sensitive Information.
Proposals shall be typed. Except for the reproduced sections of the solicitation document, the font shall be Times New Roman, the font size shall be no less than 12 point; print pages shall have at least 1-inch margins on the top and bottom and 3/4-inch side margins. For tables, charts, graphs and figures, any readable font is acceptable, but the font size shall be no smaller than 10 point.
Information submitted more than the page limitations identified for each offer section will not be evaluated. Use of dividers/separators in any part of your offer is acceptable and will not count toward any page limitation. A cover sheet, table of contents, definitions/terms page or any similar reference type information used in any part of your proposal will not count toward any page limitation.
Solicitation-951700-24-R-0028 Thiacom 6 Services
Offers shall be prepared and divided as follows.
Volume I – Technical Design and Implementation (shall not exceed 5 pages)
Offerors shall demonstrate understanding capability to complete all factors explained in Section M of this Solicitation.
Volume II – Operations and Management Approach (shall not exceed 1 page)
Offerors shall demonstrate understanding capability to complete all factors explained in Section M of this Solicitation.
VOLUME III- Past Performance (shall not exceed 3 pages) Offerors shall demonstrate understanding capability to complete all factors explained in Section M of this Solicitation.
VOLUME IV – Price Offerors shall provide pricing in an Excel Spreadsheet
ALL pricing information shall be confined to Volume IV and not referenced elsewhere in the offer.
L.4 Assumptions, Exceptions , and Conditions The offeror shall identify any/all assumptions, conditions, or exceptions to the terms and/or conditions of this solicitation. If none are noted, the quoter agrees to comply with all the terms and conditions. It is not the responsibility of the United States Agency for Global Media (USAGM) to seek out and identify assumptions, conditions, or exceptions contained in an offerors proposal.
The Government requires a quote effective period of at least 60 days. The offeror may specify a period longer than the stated minimum effective period but may not specify a period shorter than the stated minimum effective period. Any offer specifying less than the Government’s minimum effective period may be rejected.
The offeror’s signature on the cover page of the SF1449 indicates that the offeror has read and agrees to comply with all the conditions and instructions of this solicitation.
U.S. Agency for Global Media
SECTION M – TECHNICAL EVALUATION
CRITERIA
VOA/RFA NEWS TV STANDARD DEFINITION PAL VIDEO
TRANSMISSION ON THAICOM 6 @ 78.5° EAST
U.S. AGENCY FOR GLOBAL MEDIA
330 INDEPENDENCE AVENUE S.W.
WASHINGTON D.C. 20237
June 10, 2024
CONTENTS
M. Technical Evaluation Criteria M.1. Overview M.2. List of Evaluation Criteria M.3. List of Evaluation Factors and Sub-Factors
M.3.1 Factor 1: Technical Design and Implementation M.3.2 Factor 2: Operations and management Approach M.3.3 Factor 3: Past Performance M.3.4 Factor 4: Price
M.4. Details of Evaluation Criteria M.4.1 Factor 1: Technical Design and Implementation M.4.2 Factor 1: Sub-Factor 1 – Direct Internet Access (DIA) M.4.3 Factor 1: Sub-Factor 2 – Space segment, ground support and content Delivery M.4.4 Factor 1, Sub Factor 3. Monitoring, Reporting and Service Outages M.4.5 Factor 1, Sub-Factor 4: Implementation
M.5. Factor 2: Operations and Management Approach M.5.1 Factor 2, Sub-Factor 1: Project Management Plan
M.6. Factor 3: Past Performance M.7. Factor 4: Price M.8. Evaluation Criteria and Proposal Rating M.9. Past Performance Chart
M. Technical Evaluation Criteria.
M.1. OVERVIEW
The Government shall review the responses to this solicitation to ensure that offerors have addressed the requirements outlined in the Statement of Work and are sufficient in detail and clarity to allow the Government to determine whether the Offeror’s proposal is acceptable or if the Government desires to identify items for discussion.
The evaluation criteria will serve as the standard against which all proposals will be measured and will serve to identify the requirements that offerors must address in their proposals.
The Offeror shall fully explain their proposed technical approach and how it will be accomplished. The technical proposal should reflect a clear understanding of the nature of the United States Agency for Global Media’s (USAGM) requirement and the work being undertaken and must include information on how the project is to be organized, staffed, and managed. If the Offeror plans to staff and/or meet a contract requirement by using a sub-contractor, then information on the proposed sub-contractor must be included in the proposal.
The contractor must identify the lead contact for the sub-contractor and state what parts of the solicitation the company will be responsible for on the awarded contract in the relevant evaluation factors. This is most relevant in the evaluation criteria for Factors 1) Technical Design and Implementation, and 2) Operations and Management Approach.
Additionally, in Factor 3, Past Performance, each subcontractor being proposed by the Offeror must submit at least one past performance project form (this is in addition to the 3 projects required by the Offeror) included in the proposal. If there is a project that the Offeror has worked on with the sub-contractor that is included in one of the Offeror’s 3 past performance projects, then the sub-contractor does not need to have a separate past performance project example.
M.2. LIST OF EVALUATION CRITERIA
The Government will evaluate the offeror’s proposal based upon the following factors:
Factor 1: Technical Design and Implementation Factor 2: Operations and Management Approach Factor 3: Past Performance Factor 4: Price
Each of the above factors has one or more sub-factors. To achieve an acceptable rating, the offeror’s proposal must achieve a pass rating on all sub-factors.
M.3. LIST OF EVALUATION FACTORS AND SUB-FACTORS
The Government will evaluate the offeror’s proposal based on its ability to provide a solution that will meet or exceed the factors and sub-factors listed below.
M.3.1 FACTOR 1: TECHNICAL DESIGN AND IMPLEMENTATION
Sub Factor 1. Direct Internet Access.
Sub Factor 2. Space Segment, Ground Support and Content Delivery.
Sub Factor 3. Monitoring Reporting and Outages.
Sub Factor 4. Implementation.
M.3.2 FACTOR 2: OPERATIONS AND MANAGEMENT APPROACH
Sub Factor 1. Project Management Plan.
Sub Factor 2. Network Operations and Monitoring Center (Satellite and Terrestrial), Customer Support
M.3.3 FACTOR 3: PAST PERFORMANCE
Sub-Factor 1. Relevant Past Performance
M.3.4 FACTOR 4: PRICE
Offerors are required to complete the Price Sheet in the attached Excel file.
M.4. DETAILS OF EVALUATION CRITERIA
This section describes in detail the factors and sub-factors that comprise the evaluation criteria.
M.4.1 FACTOR 1: TECHNICAL DESIGN AND IMPLEMENTATION
M4.1.1 The Offeror’s proposal shall provide sufficient detail to demonstrate a clear understanding of the Statement of Work (SOW), and the degree to which the proposed solution meets USAGM’s objectives to broadcast (via Satellite and DIA circuits) and to monitor 24/7/365 video and audio program content on all applicable Satellite up links and down links.
M.4.1.2 The contractor shall provide a detailed system diagram showing backhaul and broadcast satellite(s), uplink teleports, downlink teleports, and DIA circuit paths.
M.4.2 FACTOR 1: SUB-FACTOR 1 – DIRECT INTERNET ACCESS (DIA)
M.4.2.1 The extent to which the proposed solution effectively addresses USAGM’s DIA requirements for two geographically diverse Error Corrected circuits scaled to
Solicitation-951700-24-R-0028 transport VOA/RFA News SD TV, and to avoid traffic contention from the Contractor’s POP to the Thaicom 6 POP as described in the SOW.
M.4.2.2 The ability to ensure the two DIA Circuits are protected with auto protect switching to avoid outages in the event one of the circuits fails, degrades or there is a planned maintenance event.
M.4.2.3 The ability to manage and maintain the two DIA circuits to and from the
Contractor’s POPs and uplink teleports.
M.4.3 FACTOR 1: SUB-FACTOR 2 – SPACE SEGMENT, GROUND SUPPORT AND CONTENT
DELIVERY.
M.4.3.1 The ability to provide 2.70 Mbps of satellite capacity for the VOA/RFA News TV
SD PAL video with program stereo audio on Thaicom 6 @ 78.5° east.
M.4.3.2 The ability to ensure that the VOA/RFA News TV with program audio content is uplinked on an MPEG/DVB compliant Multiple Channel per Carrier (MCPC) on Thaicom 6 in a Ku-band Free-to-Air (FTA) transponder. The Contractor shall ensure that the content is inserted into the existing mux platform at Frequency
12.687 GHz., vertical polarization, on the South-East Asia Beam
M.4.3.3 The ability to ensure that VOA/RFA News SD TV is transmitted utilizing the current signal parameters on Transponder 2V in the Southeast Asia Beam and to be received by a minimum 70 cm satellite antenna as a free to air (FTA) signal as follows:
Satellite: Thaicom 6 at 78.5° east Transponder: 2V Downlink Beam: SE Asia KU Downlink Frequency: 12.687 GHz
FEC: 5/6
Symbol Rate: 30.0 MSym/s Downlink Polarization/Mod: V, QPSK
M.4.3.4 The ability to receive one 5.128 Mbps High Definition (HD) Advanced Video
Codec (AVC) video with stereo program audio to transcode, and down-convert to
2.70 Mbps SD PAL Video with audio.
M.4.3.5 The ability to provide C-band satellite capacity for backhauling the VOA/RFA
News TV video with program audio from the Contractor’s POP to the Thaicom 6 uplink teleport.
M.4.3.6 The ability to ensure that there is high-availability of VOA/RFA News TV video at the Thaicom 6 uplink teleport with auto-protect switching between the satellite
Solicitation-951700-24-R-0028 backhaul and DIA feed to avoid outages in the event of unavoidable C-band satellite or DIA network signal outages or planned maintenance events.
M.4.4 FACTOR 1, SUB FACTOR 3. MONITORING, REPORTING AND SERVICE OUTAGES.
M.4.4.1 The Contractor’s stated ability to provide highly reliable, highly available, high quality delivery solutions for meeting the requirements of this solicitation.
M.4.4.2 The Contractor’s ability to staff a 24/7/365 Network Operations Center and
Technical Support Call Center with competent English-speaking technicians to monitor USAGM’s video and audio content via all delivery platforms, including satellite and DIA.
M.4.4.3 The Contractor’s ability to provide system health monitoring, which shall include program content, signal quality, and network monitoring throughout all distribution paths.
M.4.4.4 The Contractor’s stated response times for USAGM service calls, trouble ticket processing, and reporting.
M.4.5 FACTOR 1, SUB-FACTOR 4: IMPLEMENTATION
M.4.5.1 The Contractor’s ability to meet the September 1, 2024, on air timeline per the
Period of Performance (POP) stated in the SOW.
M.5. FACTOR 2: OPERATIONS AND MANAGEMENT APPROACH
M.5.1 FACTOR 2, SUB-FACTOR 1: PROJECT MANAGEMENT PLAN
M.5.1.1 The Contractor’s ability to provide a Project Management Plan which shows sufficient detail, including a list of procedures to ensure close project monitoring, reporting and identification of critical issues that may arise. The ability to provide a monthly report detailing all instances of signal degradation and signal outages.
The report shall also provide monthly uptime availability information for all satellites, and DIA links under this contract.
M.5.1.2 The Contractors ability to provide a detailed escalation chart.
M.6. FACTOR 3: PAST PERFORMANCE.
M.6.1 The Contractor’s description of three (3) relevant projects that demonstrate similar past performance related to global television and radio program distribution. For each of the 3 projects, the Offeror shall provide the following information:
Contract Identifier or Name
Agency/Company/Network Contract Number Duration of the Project/Contract Contract Type Contract Value Description of Project End-user Point of Contact
M.6.2 Each past performance submission should not exceed one (1) page. The Offeror shall complete the past performance chart in Section M.8. for each of the three (3) project submissions.
M.6.3 Each subcontractor being proposed by the Offeror must submit at least one (1) past project using the performance chart in Section M.8., (this is in addition to the three (3) projects required by the Offeror) included in the proposal. If there is a project that the Offeror has worked on with the sub-contractor that is included in one of the Offeror’s three (3) past performance projects, then the sub-contractor does not need to have a separate past performance project example.
M.6.4 The Government reserves the right to use other sources to validate the offeror’s past performance (e.g., Past Performance Information Retrieval System (PPIRS) or calling the end-user point-of-contact directly).
M.7. FACTOR 4: PRICE
M.7.1 No adjectival ratings are assigned to the price proposal evaluation. Offerors must complete the attached Excel price sheet in full. A Contractor’s price proposal will be evaluated against the Government’s independent cost estimate.
M.8. EVALUATION CRITERIA AND PROPOSAL RATING
M.8.1 The award will be made to the offeror that presents the overall best value to the government using a Best Value with Tradeoffs evaluation process.
M.8.2 The government anticipates awarding a Contract to the Offeror whose proposal represents the best value, price and other factors considered.
M.8.3 All four factors are equal in weight, and each comprise 25% of the overall proposal rating.
M.8.4 All proposals must be one-sided and limited to 30 pages total (this does not include the past performance project charts). Pages in the proposal must be numbered and the text must be no smaller than 11-point Arial and conform to Section L – Instructions, Conditions, and Notices to Offerors or Respondents, L.2 Preparation and Delivery Instructions.
M.9. PAST PERFORMANCE CHART
Past Performance Project #1
Elements to address Response (Offeror to Complete)
1. Contract Identifier or Name
2. Agency/Company/Network
3. Contract Number
4. Duration of the Project/Contract
5. Contract Value
6. Description of the Project
7. End-User Point of Contact (POC)
8. Offeror’s Comments
Past Performance Project #2
Elements to address Response (Offeror to Complete)
1. Contract Identifier or Name
2. Agency/Company/Network
3. Contract Number
4. Duration of the Project/Contract
5. Contract Value
6. Description of the Project
Past Performance Project #3
Elements to address Response (Offeror to Complete)
1. Contract Identifier or Name
2. Agency/Company/Network
3. Contract Number
4. Duration of the Project/Contract
5. Contract Value
6. Description of the Project
Document Number: 951700-24-R-0028 Page 1 of 16
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER PAGE 1 OF
5. SOLICITATION NUMBER
951700-24-R-0028
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
06/21/2024
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME See Text
b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL
TIME
07/05/2024
16:00 ET
CODE 951700
United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED 0 Days: 0.00 %
0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %
12. DISCOUNT TERMS
13a. THIS CONTRACT IS
RATED ORDER UNDER DPAS
(15 CFR 700)
13b. RATING
RFQ IFB X RFP
14. METHOD OF SOLICITATION
CODE15. DELIVER TO
Gregory Gibbs Office of Technology, Services, & Innovation T/CN 330 Independence Ave SW Washington, DC 20237-0001
CODE 95170016. ADMINISTERED BY
United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237-0001
FACILITY
CODE
CODE
Telephone No.
17a. CONTRACTOR/
OFFEROR
951700CODE18a. PAYMENT WILL BE MADE BY Gregory Gibbs Office of Technology, Services, & Innovation T/CN 330 Independence Ave SW Washington, DC 20237-0001
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
See Lines
25. ACCOUNTING AND APPROPRIATION DATA
See Line Item Detail
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. _____________________________ OFFER
DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,
IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) David Wallace
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
Solicitation-951700-24-R-0028
Document Number: 951700-24-R-0028 Page 2 of 16
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 02/2012) BACK
Solicitation-951700-24-R-0028
Document Number: 951700-24-R-0028 Page 3 of 16
Table of Contents
Section Description Page Number
1 Continuation Sheet 2 Contract Clauses
52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.232-18 Availability of Funds (Apr 1984) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.237-3 Continuity of Services (Jan 1991) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Feb 2024) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 1952.232-91 Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) (April 2016)
4 Solicitation Provisions 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020)
Solicitation-951700-24-R-0028
Document Number: 951700-24-R-0028 Page 4 of 16
Section 1 - Continuation Sheet
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
1 Services
Firm Fixed Price
PSC: R699
12.000000 MO
Period of Performance: 09/01/2024 - 08/31/2025
Description: VOA/RFA News (SD) PAL Video with program audio@ 2.7 Mbps- Thaicom satellite capacity, transcoding and down conversion, backhaul satellite capacity (primary path) to deliver the video to Thaicom 6 uplink teleport DIA (backup path) with Error Correction Protocol from Contractor's POP to the Thaicom 6 uplink teleport, uplink services and return confidence feed for monitoring.
Pricing Options: Base 1
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
1001 Services
Firm Fixed Price
PSC: R699
12.000000 MO
Period of Performance: 09/01/2025 - 08/31/2026
Description: VOA/RFA News (SD) PAL Video with program audio@ 2.7 Mbps- Thaicom satellite capacity, transcoding and down conversion, backhaul satellite capacity (primary path) to deliver the video to Thaicom 6 uplink teleport DIA (backup path) with Error Correction Protocol from Contractor's POP to the Thaicom 6 uplink teleport, uplink services and return confidence feed for monitoring.
Pricing Options: Option 1001
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
2001 Services
Firm Fixed Price
PSC: R699
12.000000 MO
Period of Performance: 09/01/2026 - 08/31/2027
Description: VOA/RFA News (SD) PAL Video with program audio@ 2.7 Mbps- Thaicom satellite capacity, transcoding and down conversion, backhaul satellite capacity (primary path) to deliver the video to Thaicom 6 uplink teleport DIA (backup path) with Error Correction Protocol from Contractor's POP to the Thaicom 6 uplink teleport, uplink services and return confidence feed for monitoring.
Pricing Options: Option 2001
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
3001 Services
Firm Fixed Price
PSC: R699
12.000000 MO
Solicitation-951700-24-R-0028
Document Number: 951700-24-R-0028 Page 5 of 16
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
Period of Performance: 09/01/2027 - 08/31/2028
Description: VOA/RFA News (SD) PAL Video with program audio@ 2.7 Mbps- Thaicom satellite capacity, transcoding and down conversion, backhaul satellite capacity (primary path) to deliver the video to Thaicom 6 uplink teleport DIA (backup path) with Error Correction Protocol from Contractor's POP to the Thaicom 6 uplink teleport, uplink services and return confidence feed for monitoring.
Pricing Options: Option 3001
Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)
4001 Services
Firm Fixed Price
PSC: R699
12.000000 MO
Period of Performance: 09/01/2028 - 08/31/2029
Description: VOA/RFA News (SD) PAL Video with program audio@ 2.7 Mbps- Thaicom satellite capacity, transcoding and down conversion, backhaul satellite capacity (primary path) to deliver the video to Thaicom 6 uplink teleport DIA (backup path) with Error Correction Protocol from Contractor's POP to the Thaicom 6 uplink teleport, uplink services and return confidence feed for monitoring.
Pricing Options: Option 4001
PERIOD OF PERFORMANCE
ITEM START END
1 09/01/2024 08/31/2025
1001 09/01/2025 08/31/2026
2001 09/01/2026 08/31/2027
3001 09/01/2027 08/31/2028
4001 09/01/2028 08/31/2029
Section 2 - Contract Clauses
52.252-2 Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):
www.acquisition.gov/far [Insert one or more Internet addresses]
(End of clause) Clause Title Fill-ins
52.204-13 System for Award Management Maintenance (Oct 2018)
52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)
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Clause Title Fill-ins
52.212-4 Contract Terms and Conditions-Commercial Products and Commercial
Services (Nov 2023)
52.232-18 Availability of Funds (Apr 1984)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.237-3 Continuity of Services (Jan 1991)
52.244-6 Subcontracts for Commercial Products and Commercial Services (Feb 2024)
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023)
(a) Definitions. As used in this clause--
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.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any Kaspersky Lab covered article. The Contractor is prohibited from--
(1) Providing any Kaspersky Lab covered article that the Government will use on or after October 1, 2018; and
(2) Using any Kaspersky Lab covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies a Kaspersky Lab covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, 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 (c)(1) of this clause:
(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable;
supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
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(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a Kaspersky Lab covered article, any reasons that led to the use or submission of the Kaspersky Lab covered article, and any additional efforts that will be incorporated to prevent future use or submission of Kaspersky Lab covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts including subcontracts for the acquisition of commercial products or commercial services.
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)
(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 Covered Entities (Dec 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 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)).
(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. 4655).
X (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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).
X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C.
6101 note).
__ (6) [Reserved].
__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
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__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).
__ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
__ (ii) Alternate I (Dec 2023) of 52.204-30.
X (12) 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).
__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
X (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (17) [Reserved]
__ (18)(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.
__ (19)(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.
__ (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
__ (21)(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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.
__ (v) Alternate IV (Sep 2023) of 52.219-9.
__ (22)(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.
__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
__ (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
__ (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
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__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
__ (28) 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 (Oct 2022) (15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
X (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 657s).
X (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O. 13126).
X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (34)(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
X (35)(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 (36)(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.
__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (40) 52.222-54, Employment Eligibility Verification (May 2022). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C.
7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
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__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48)(i) 52.225-1, Buy American--Supplies (Oct 2022) (41 U.S.C. chapter 83).
__ (ii) Alternate I (Oct 2022) of 52.225-1.
__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (Dec 2022) of 52.225-3.
__ (iv) Alternate III (Feb 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
X (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
X (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).
__ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.
2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) of 52.247-64.
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(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
X (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 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)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
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(v) 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).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(x) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United…
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