Solicitation - FA706022Q0002.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA706022Q0002

Solicitation/Contract Form

AF Band Advertising BPAs

Proposal Identifier: FA706022Q0002 Date: 12 Nov 2021

Supplies or Services & Prices or Costs

Additional Information/Notes

Description/Specifications/Statement of Work

PERFORMANCE WORK STATEMENT (PWS)

Advertising Blanket Purchase Agreement United States Air Force Band

Part 1

General Information

1. GENERAL: This is a non-personnel services blanket purchase agreement to provide radio, print, and digital advertising for United States Air Force (USAF) Band performances. The Government shall not exercise any supervision or control over the service providers performing the services herein. Such service providers shall be accountable solely to the Vendor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The vendor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personnel services necessary to place specific advertisements in various media outlets (newspapers and radio) for United State Air Force Band performances as defined in this Performance Work Statement except for those items specified as government furnished property and services. The vendor shall perform to the standards in this agreement.

1.2 Background: The United States Air Force Band is a branch of Air Force Public Affairs. Community Relations is an integral part of this mission, of which public performance is essential. Concerts are performed throughout the country with a particular emphasis in the Washington D.C. region where the Air Force Band is based. These performances need to be advertised to foster a large audience to have the most mission impact.

1.3 Objectives: Promote the USAF Band's community relations mission by advertising performances using local radio, digital and print media. Advertising on these platforms ensures a marketing posture that targets diverse audiences from all geographic, cultural, and socioeconomic areas and supports strategic Air Force communication objectives and messaging. All advertising content shall be provided and/or approved by The United States Air Force Band. Content for print media will be provided in an industry standard, "camera ready" format. Vendor will:

Advertise on venue city's largest (by broadcast audience) radio station one week prior to performance o 44 drive-time ads of 30-second each

Digital Banner ads on same radio station website one week prior to performance o Sizes 300x600, 300x250, 320x50, 970x90, 970x250, 728x90 o 280,000 impressions

Single print ad in weekend edition Arts section of the venue city's largest (by circulation) newspaper one week prior to performance

1.4 Scope: Advertising Services include radio advertisements on the city's largest radio station, print advertising in the largest city newspaper, and corresponding digital advertising.

1.5 Period of Performance: The period of performance shall be a five-year Blanket Purchase agreement. The Government or the Vendor may terminate the agreement at any time with a 30-day notice without penalty.

1.6 General Information

1.6.1 Quality Control Vendor will provide tailored, mission-essential media planning, media placement, campaign maintenance, quality checks, real-time reporting, and after action metrics in support of the USAF Band's missions. In addition, Vendor will provides critical support for recruitment and personnel acquisition for the entire 3N2 career field through research and advertising. Vendor will provide continuous quality checks throughout the entire process, checking the technical aspects of each campaign to ensure quality control. The digital quality control process includes verifying links to make sure they are working properly, copy, edits, double checking date, time and venue in ads before going live, and sending ad copy to the USAF Band SME for approval. Radio quality includes: creative assets are checked and distributed to the proper media for review and production, all radio ads are received and reviewed by Vendor prior to going live on-air. Each campaign is monitored weekly to identify any pop-up issues and they maintain daily communication with the USAF Band to coordinate adjustments to improve engagement.

1.6.2 Type of Contract: The government will award a Blanket Purchase Agreement

1.6.3 Data Rights: The Government has unlimited rights to all documents/material produced under this agreement. All documents and materials, to include the source codes of any software, produced under this agreement shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the vendor without written permission from the United States Air Force Public Affairs, JBSA- Randolph. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

Requirements Advertising

Packaging and Marking

Inspection and Acceptance

Deliveries or Performance

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

N/A

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA7060

Admin DoDAAC FA7060

Inspect By DoDAAC F4J024

Ship To Code F4J024

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

WILL BE PROVIDED ON EACH CALL, AS IT MAY CHANGE

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Special Contract Requirements

Air Force Band Advertising Blanket Purchase Agreement (BPA)

19 October 21

SCOPE AND ORDERING GUIDE (DRAFT)

Advertising Blanket Purchase Agreement (BPA)

SCOPE AND ORDERING GUIDE

19 October 21

SECTION I. DESCRIPTION OF SERVICES AND BACKGROUND

1.1 Purpose. The purpose of this multiple award de-centralized BPA is to obtain radio, print, and digital advertising for the United States Air Force (USAF) Band performances. No more than five vendors will be selected to receive agreements.

1.2 Description. Vendors shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, non-personal services and other items necessary to place specific advertisements in various media outlets (i.e. newspapers and radio) for United State Air Force Band performances to foster large audiences to have the most mission impact.

1.3 Background. The United States Air Force Band is a Branch of the Air Force Public Affairs. An integral part of their mission is community relations of which public performance is essential. Concerts are performed throughout the country (all 50 states) with a particular emphasis in the Washington D.C. region where the Air Force Band is based.

SECTION II. OBJECTIVES AND BPA SCOPE

2.1 Objectives. Promote the USAF Band's community relations mission by advertising performances using local radio, digital and print media. Advertising on these platforms ensures a marketing posture that targets diverse audiences from all geographic, cultural, and socioeconomic areas and support strategic Air Force communication objectives and messaging.

2.2 Scope. Advertising provided includes radio advertisements on the city's largest radio station, print advertising in the largest city newspaper, and corresponding digital advertising. All advertising content shall be provided and/or approved by the USAF Band. Content for print media will be provided in an industry standard, "camera ready" format.

2.3 Period of Performance: Shall be five-year Blanket Purchase Agreements. The Government or the Vendor may terminate the agreement at any time with a 30-day notice without penalty.

2.4 Minimum Requirements: Vendors must be capable of the following in any city/town/location in all 50 states:

- Advertising on venue city's largest (by broadcast audience) radio station one week prior to performance.

- Have digital banner ads of various sizes (300x600, 300x250, 320x50, 970x90, 970x250, 728x90) displayed one week prior to performance.

- Have single print ads displayed in the weekend edition of the Arts section of the venue city's largest (by circulation) newspaper one week prior to performance.

-Provide tailored, mission-essential media planning, media placement, campaign maintenance, quality checks, real-time reports, and after action metrics in support of the USAF Band's mission.

-Provide critical support for recruitment and personnel acquisition for the entire 3N2 career field through research and advertising.

-Perform continuous quality checks throughout the entire process, check technical aspects of each campaign.

The digital quality control process includes verifying links to make sure they are working properly, copy, edits, double checking date, time and venue in ads before going live, and sending ad copy to the USAF Band Subject Matter Expert (SME) for approval. Radio quality includes; creative assets are checked and distributed to the proper media for review and production, all radio ads are received and reviewed by Vendor prior to going live on-air.

- Each campaign is to be monitored weekly to identify any pop-up issues and daily communication needs to be maintained with the USAF Band to coordinate adjustments to improve engagement.

2.5 Data Rights: The Government has unlimited rights to all documents/material produced under this agreement.

All documents and materials, to include the source codes of any software, produced under this agreement shall be Government owned and are the property of the Government with all rights and privileges of ownership /copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the vendor without written permission from the United States Air Force Public Affairs, JBSA-Randolph. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

SECTION III. CONTRACT TYPE AND RESPONSIBILITIES

3.1 Contract Type: Call orders shall be Firm Fixed Price (FFP). FAR Part 13 will be utilized to execute the call orders.

- Call orders issued on the BPA cover services/supplies that are commercial.

3.2 Responsibilities.

-Contracting Officer (CO) - The CO is responsible for the award, administration, and management of the BPA and any call orders and call order modifications (above $25,000).

-USAF Band POC: Will be personnel from the AF Band marketing team. POCs will be provided on the call orders, as they may change. Authorized AF Band personnel (authorized callers) are responsible for request for proposal submission and paying via GPC for any calls below $25,000.

SECTION IV. ORDERING GUIDE

4.1 Who is this Ordering Guide written for?

This short guide is written for the users and contractors awarded BPAs. It explains the process that will be used when awarding each call order. The Guide addresses contracting processes and concepts specific to this BPA.

4.2 Restrictions and Minimums Associated with Call Orders Competition This is a de-centralized multi-award BPA. There are no minimum call order or dollar requirement. Call orders will be competitive (see section 4.6 or evaluation criteria).

4.3 Who can use this BPA?

The BPA is available for use only by the issuing contracting office and AF Band that require support as outlined in this scope and ordering guide.

4.4 Evaluation and Procedures

1. AF Band provides the applicable advertising needs.

2. Contractors have five (5) business days to review the requirement and submit questions NLT 5:00PM Eastern Time the same day.

3. Any changes made to the advertising requirement as a result of questions will be incorporated and an amended requirement will be sent out to contractors.

4. Contractors have 10 business days to respond, extensions can be requested by reaching out to the AF Band personnel.

5. Contractors respond with a quote based on the provided information and the anticipated plan for running the campaign (see Section 4.8):

6. Actual start of work is based on the defined period of performance.

4.5 How will each call order be priced?

Each call order will be priced as a package with one CLIN which will include all labor, travel, materials, tools, fees, etc. required to complete the campaign. All call orders will be awarded as FFP.

CLIN Structure

CLIN DESCRIPTION QTY UNIT OF ISSUE PRICE TOTAL

0001 Advertising Campaign - includes service fee X Lot $X $X

4.6 How will each call order be evaluated?

Submission Instructions

The technical evaluation shall include the contractor's technical approach detailing their plan for the campaign to meet the desired outcome and pricing. Pricing submitted shall include all service fees associated with the campaign.

Technical Evaluation

The Government will evaluate each Contractor's technical approach to meet the Government's desired outcome IAW the provided advertising requirement for understanding of the requirement and realism of the approach.

Realism means the proposed approach provided enough detail to persuade the Government the solution can achieve the desired outcome.

Each Contractor will receive a Technical rating below:

Adjectival Rating Description Outstanding - The proposed solution indicates an exceptional approach and understanding of the objectives;

providing the best desired outcome for the Government. Risk of unsuccessful performance is low to nonexistent.

Good - The proposed solution indicates a thorough approach and understanding of the objectives; providing a good outcome for the Government. Risk of unsuccessful performance is low.

Acceptable - The proposed solution indicates an adequate approach and understanding of the objectives;

providing an acceptable outcome for the Government. Risk of unsuccessful performance is moderate.

Marginal - The proposed solution indicates an inadequate approach and understanding of the objectives.

Risk of unsuccessful performance is high.

Unacceptable - The proposed solution did not meet the minimum requirements

Price Evaluation The Government will evaluate the total evaluated price for fairness and reasonableness. The Government reserves the right to eliminate a proposal from further evaluation due to evaluated prices that are unfair or unreasonable.

Reasonableness. Comparison of proposed prices received in response to the requirement is the preferred and intended price analysis technique. Other techniques and procedures found in FAR 13.106-3, if deemed necessary and reasonable, may be used to ensure a fair and reasonable price.

4.9 Basis of call order awards

The Government has a right to make one, some, or no awards at all.

Relative importance of factors: Technical is always more important than Price.

The Government will award a call order resulting from any requirement to the responsible contractor whose proposal, conforming to the requirement, based on the evaluation factors was the most advantageous to the

Government, providing the best value, price, and technical considered. The Government seeks to award to the offeror who gives the Government the greatest confidence that it will best meet the requirements. This may result in an award to a higher rated, higher priced offeror, where the decision is consistent with the evaluation factors, and the Government reasonably determines after a cost/technical trade off analysis that performance of the technically superior higher priced offeror outweighs the price difference. While the Government will strive for maximum objectivity, the awarded selection and decision process, by its nature, is subjective; and therefore, professional judgment is implicit throughout the entire process.

Contract Clauses

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

(DEVIATION 2021-O0009) (OCT 2021)

(a) Definition. As used in this clause - United States or its outlying areas means--

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States VirginIslands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Items. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Dec 2013

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2021

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7001 Buy American and Balance of Payments Program. Dec 2017 252.225-7002 Qualifying Country Sources as Subcontractors. Dec 2017 252.225-7012 Preference for Certain Domestic Commodities. Dec 2017 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Apr 2020

252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Oct 2020

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items. Sep

As prescribed in , insert the following clause:12.301(b)(4)

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS.

(SEP 2021)

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

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) 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)).

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

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)

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

52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(6) (OCT 2004)

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

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government , with (41 U.S.C. 4704 and 10 U.S.(1) (JUNE 2020) Alternate I (OCT 1995)

C. 2402).

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (JUN 2020)

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (JUN 2010)

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (JUN 2020)

[Reserved].(5)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(6) (OCT 2016)

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

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (8) (JUN

(31 U.S.C. 6101 note).2020)

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

[Reserved].(10)

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).(SEP 2021)

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to waive the (SEP 2021) preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](13)

52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(14)(i) (NOV 2020)

Alternate I of 52.219-6.(ii) (MAR 2020)

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

Alternate I of 52.219-7.(ii) (MAR 2020)

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(16) (OCT 2018)

52.219-9, (17)(i) Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(SEP 2021)

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

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

Alternate III of 52.219-9.(iv) (JUN 2020)

(v) Alternate IV of 52.219-9.(SEP 2021)

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

Alternate I of 52.219-13.(ii) (MAR 2020)

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

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(SEP 2021)

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f).(SEP 2021)

(22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(SEP 2021)

Alternate I of 52.219-28.(ii) (MAR 2020)

(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP

(15 U.S.C. 637(m)).2021)

(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 (15 U.S.C. 637(m)).(SEP 2021)

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (MAR 2020)

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

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

52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (JAN2020)

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

52.222-26, Equal Opportunity (E.O.11246).(30)(i) (SEP 2016)

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

52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(31)(i) (JUN 2020)

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

52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(32)(i) (JUN 2020)

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

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(34) (DEC 2010)

52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(35)(i) (OCT 2020)

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

52.222-54, Employment Eligibility Verification ( ). (Executive Order 12989). (Not applicable to the acquisition of commercially (36) OCT 2015 available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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 (37)(i) applicable to the acquisition of commercially available off-the-shelf items.)

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(38)

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(39) (JUN 2016)

52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 and 13514).(40)(i) (JUN 2014)

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

52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).(41)(i) (JUN 2014)

Alternate I (Jun2014) of 52.223-14.(ii)

52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)

52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(43)(i) (OCT 2015)

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

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(44) (JUN 2020)

52.223-20, Aerosols (E.O. 13693).(45) (JUN 2016)

52.223-21, Foams (Jun2016) (E.O. 13693).(46)

52.224-3 Privacy Training (5 U.S.C. 552 a).(47)(i) (JAN 2017)

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

52.225-1, Buy American-Supplies ( 2021) (41 U.S.C. chapter 83).(48) JAN

52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act ( 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 (49)(i) JAN note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

Alternate I of 52.225-3.(ii) ( 2021)JAN

Alternate II of 52.225-3.(iii) ( 2021)JAN

Alternate III of 52.225-3.(iv) ( 2021)JAN

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (OCT 2019) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021)

Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52)

Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).(53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)

52.229-12, Tax on Certain Foreign Procurements .(55) (FEB 2021)

52.232-29, Terms for Financing of Purchases of Commercial Items (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(56) (FEB 2002)

52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(57)

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (OCT2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)

52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (AUG 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (JAN 2017)

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( 46 U.S.C. 55305 and 10 U.S.C. 2631).(63)(i) (FEB 2006)

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

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

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

[ ]Contracting Officer check as appropriate.

52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)

52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG 2018)

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

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)

C. chapter 67).

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5)

Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014)

(41 U.S.C. chapter 67).

52.222-55, Minimum Wages Under Executive Order 13658 .(7) (NOV 2020)

52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2017)

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)

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

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

The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) 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.

As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) 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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (JUN 2020)

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) 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)).

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

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) (OCT 2018) 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.

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

52.222-26, Equal Opportunity (E.O.11246).(vii) (SEP 2015)

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

52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(ix) (JUN 2020)

52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(x) (JUN 2020)

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

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

(xiii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (OCT 2020)

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

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xiv) Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

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

52.222-55, Minimum Wages Under Executive Order 13658 .(xvii) (NOV 2020)

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

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

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

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

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (JUN 2020) accordance with paragraph (e) of FAR clause 52.226-6.

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( 46 U.S.C. 55305 and 10 U.S.C. 2631). (xxii) (FEB 2006) Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

AFFARS Clauses Incorporated by Full Text

5352.201-9101 AFDW Ombudsman Oct 2019

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Ms. Paula P. Smith, 1500 West Perimeter Rd., Suite 5750, Joint Base Andrews Maryland 20762, (240)612-6112, paula.p.smith.civ@mail.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.

(End of clause)

5352.223-9001 Health and Safety on Government Installations Oct 2019

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

List of Attachments

Representations, Certification, & Other Statements

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.204-7 System for Award Management. Oct 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Nov 2011

FAR Clauses Incorporated by Full Text

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Oct

As prescribed in , insert the following provision:4.2105(a)

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

As used in this provision-(a) Definitions.

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain and substantial or essential component

Telecommunications and Video Surveillance Services or Equipment.

. (b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) 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. Nothing in the prohibition shall be construed to-

Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-(i) party, such as backhaul, roaming, or interconnection arrangements; or

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

Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the (2) 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 part of any system. 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. Nothing in the prohibition shall be construed to-

Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities…