USHMM Education Videography RFP 95476722R0800.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 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 CODEFACILITY

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

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

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.

DATE . 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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

REQUEST FOR PROPOSALS

Videography Services

Levine Institute of Holocaust Education 95476722R0800

1 Background

1.1 The United States Holocaust Memorial Museum ("USHMM" or the "Museum”) requires contractor services for shooting, editing, and production of educational videos of varying lengths in support of the Levine Institute of Holocaust Education (each, a "Video"). The immediate requirement being solicited for Museum's International Criminal Justice Leadership (ICJL) Project (“the Project”), has been sponsored by the US Department of State’s Bureau of International Narcotics and Law Enforcement

(INL).

1.2 The Project seeks to engage criminal justice system professionals from countries at risk of atrocities through training and resource creation about leadership, decision-making, and genocide prevention. As part of the Project, the Museum will create a condensed, 8-hour curriculum to include Videos. These Videos are intended to be made available on the Museum website and/or YouTube page for external educators to utilize and otherwise used as teaching materials for future train-the-trainer program(s).

1.3 Offerors should consider the following videos as comparables for purposes of stylistic and scoping referents:

(1) How a case gets to the Supreme Court (Vox)

(2) Fritz Gluckstein talks about Nuremberg Laws (USHMM)

(3) Teaching the Ordinary Soldiers Case Study (USHMM)

(4) Early Warning Signs (USHMM)

(5) How mRNA vaccines work (Vox) (additional animation example)

1.4 All work pursuant to the awarded Contract shall be performed on a firm, fixed price basis. The preferred competitive range for this requirement is $5,000-10,000/Video, albeit subject to reasonable variations per Video pricing provided the total Project price is less than $67,000. Beyond the Videos created for the immediate Project, USHMM desires to retain option(s) for ad hoc videography of a similar nature over the anticipated five (5) year life of the contract in a total value not to exceed $250,000; such work remains undetermined and at USHMM's sole discretion to initiate has no specific plans for any other such videography at this time.

2 Videography Services

2.1 Contractor shall provide videography services to produce and deliver to USHMM at least five (5) professional-quality Videos, each one a multimedia presentation incorporating various audiovisual elements (infographics, overlays, photographs, interviews, stock footage, animations, etc.). Museum reserves the option(s) to add Videos to the initial Project set on an a la carte, pre-priced basis. The first five Videos will be:

(1) What are Mass Atrocities? (10-15 min);

(2) Early Warning Signs, Risks, and Triggers (5-7 min);

(3) Survivor Testimony - “During” Phase (5-10 min);

(4) Professional Testimony from the Field - “After” Phase (5-10 min); and

(5) Role of the German Criminal Justice System During the Holocaust (5-10 min)

USHMM RFP #95476722R0800 Page 2 of 19 LIHE Videography Services https://www.youtube.com/watch?v=KEjgAXxrkXY https://www.youtube.com/watch?v=4GNIfQV7mJs https://youtu.be/63k_QEWgSy8 https://youtu.be/ju2shn8te0g https://www.youtube.com/watch?v=mvA9gs5gxNY

2.2 Museum shall source all preexisting material to be included in each Video, remaining responsible for any copyright and other applicable rights clearances pertaining thereto; Contractor shall be responsible for creating original content, to include filming of staff and outside experts/survivors for talking heads segments, remote filming over streaming meeting platform(s) like Zoom, as well as on-location filming at the Museum with institutional COVID 19 protocols in place as Museum may require. Contractor shall therefore be responsible for obtaining any and all third party releases, permissions, and licenses which may be required for Museum use of any image or material in the Videography which the Museum has not expressly provided or instructed Contractor to incorporate in the Videography. In such cases, Contractor warrants that he/she has or will obtain all necessary releases, permissions, and licenses to use any image or material in the Videography; that such releases, permissions, and licenses are transferable; and that Contractor has transferred such releases, permissions, and licenses to Museum by the awarded contract.

2.3 For each Video produced hereunder, Contractor shall submit work product for Museum's review and approval in the following stages: (1) concept development (treatment/production guide feedback, visual approach/one-pager presenting the proposed visual style, shooting script, and/or storyboard), (2) rough cut, (3) fine cut, and (4) final cut.

2.4 Contractor shall produce each Video in accordance with the production guide which Museum will provide Contractor in advance of the filming/editing of each Video (see example in RFP Appendix).

Contractor shall deliver all completed Videos produced hereunder closed-captioned in the English language, accompanied by full and accurate transcripts. Notwithstanding anything herein to the contrary, CONTRACTOR MUST PROVIDE VIDEOGRAPHY DELIVERABLES TO MUSEUM IN A

HIGH-DEFINITION DIGITAL VIDEO FILE FORMAT and NOT in any high-definition or standard-definition digital or analog video tape format. Contractor shall make best efforts to secure the most cost-effective means of providing professional-quality production and delivery in a high-definition video file format such that Museum shall have NO LIABILITY for format conversion or any costs attributable to such conversion.

2.5 Period of Performance. Contractor shall deliver the completed Project Videos and all work product pertaining thereto on or before November 15, 2022. However, the base term of the Contract shall be for an initial twelve (12) month engagement, and Museum shall thereafter retain up to four (4) annual renewal options, exercisable by written notice within 15 days of contract expiration.

2.6 Contractor Travel & Reimbursables - The contract to be awarded does not necessitate travel and precludes charging of travel expenses to the Museum. Contractor shall bear the full cost of any travel expense incurred during the performance of contractual duties. No reimbursement will be made by the Museum for travel to/from work, nor shall there be any other reimbursables billable supplemental to Contractor's pricing.

3 Proposal Submission Requirements

3.1 The anticipated schedule for definitizing this contract is:

May 31, 2022 RFP Released June 15, 2022 Q&A closes June 30, 2022 3:00 PM ET RFP Proposals Due August 1, 2022 Contract Awarded

3.2 Offerors shall submit their full proposal (Technical and Price as separate, distinct, and individuated files) in soft (electronic) copies, signed by Offeror's authorized signatory, and addressed to:

<Bfalk@ushmm.org>

USHMM RFP #95476722R0800 Page 3 of 19 LIHE Videography Services

Subject: RFP 95476722R0800 – Proposal for LIHE Videography Services

3.3 USHMM expressly disclaims and neither guarantees nor warrants for e-mail security, the legibility of electronic format(s), and/or the corresponding accuracy of any printed submission to its electronic version. Offerors certify that all of their respective electronic submissions have been verified as free of viruses using virus-check software that is standard in the industry and current to the present calendar month and year.

3.4 Offeror's technical proposal shall be a narrative with these distinct sections:

(1) Creative/Technical Approach and Responsiveness - addressing each item in the Videography Services description above, this shall describe Offeror's working method, philosophy, project approach, and performance schedule in a manner which unequivocally indicates that Offeror understands and upon award, shall fully perform and deliver the goods and services (including descriptions of services/sample metrics and reporting, along with Offeror's total anticipated outreach and segmentation capability) that the Museum has hereby requested. Offerors shall here define, describe, and propose a delivery schedule for executing both specific as well as representative deliverables (interim and phased).

(2) Past Performance - Offerors shall provide examples of their previous work, as well as work in their portfolio relevant to Museum videography production of the type described in this RFP (similar in size, complexity, and nature to the examples provided in paragraph 1.3 above), including without limitation:

(a) Reference Information - A link to online demo reel(s) for and description of five (5) projects total completed as a prime contractor or major subcontractor in the last five

(5) years, of which three (3) must be educationally-oriented projects. Information provided shall include:

(i) Contract Number and/or client name and project title

(ii) Contract Type (i.e., firm fixed price, time and materials, etc.)

(iii) Awarded price/cost and final or projected final price/cost (including all interactive elements as a specific itemization, if a subset of the entire contracted work)

(iv) Period of Performance (dates of start and completion of work).

(v) project web links, photographs, press, etc., if available

(vi) A current point of contact in the contracting agency – name, address, e-mail, and telephone number). If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, address, e-mail, and telephone number).

(vii) Description of work performed and location. In addition to demo reels, illustrative screenshots, and/or work samples, Offerors should provide information on any problems encountered on the contracts and subcontracts identified, and corrective actions taken to resolve those problems. For contracts which did not/do not meet original cost, schedule or performance requirements

USHMM RFP #95476722R0800 Page 4 of 19 LIHE Videography Services provide a brief explanation of the reason(s) for the shortcomings and any corrective actions taken to avoid recurrence.

(vii) Demonstration of project compatibility. Offerors should explain how at least one project completed within the past three years closely demonstrates their capabilities to fulfill the Museum's requirements.

(b) Chronological Performance History - by client name, address, length of engagement, and a short project description, list all work performed in chronological order for the past 18 months (or up to the first 10, whichever is less).

(c) Termination History - provide name(s) and contact information, as well as justification, for any engagements which were terminated prior to completion within the past five (5) years.

(3) Company Profile - This shall be a summary and representation of Offeror’s general qualifications to fulfill the statement of work and provide the services: a narrative description of Offeror’s corporate history and capability.

(4) Staffing Plan/Capability - Here, Offerors shall:

(a) Identify personnel proposed for the project from treatment through final cut by role, indicating how many projects the proposed personnel have worked together as a team, particularly on projects of similar scale and scope. Offeror’s listed personnel may or may not incorporate Key Personnel (see below), but shall address without limitation

- production (research, scripting, cinematography, etc.),

- project management, and

- delivery/implementation.

(b) Provide a list and submit resumes of all personnel designated as “Key” in the performance of this contract, as applicable, demonstrating the level of competency necessary to successfully complete the work defined herein. Resumes should not include information that is not relevant to the person’s designated role in this project.

3.5 Offeror's business proposal shall be a separate, distinct document file with distinct sections that includes:

(1) Offeror's pricing -

■ Offeror's fully-itemized, firm, fixed pricing for the Project Videos, including any G&A and overhead;

■ Optional fixed pricing for specific a la carte videography services Offeror may propose for inclusion not otherwise covered under the initial engagement; and

■ Any and all assumptions on which such pricing is based.

(2) Proposed Payment Schedule - Consistent with paragraph 3 ("Invoices") of the "Other Applicable Terms and Conditions" below, this shall be Offeror's proposed payment schedule;

(3) Contract Administration Information - Offerors shall complete all applicable blanks on the cover and by signature to the RFP cover affirm all acceptable contractual language;

USHMM RFP #95476722R0800 Page 5 of 19 LIHE Videography Services

(4) Contract Inclusions, Exceptions & Assumptions - Offeror's acceptance and commitment to adhere to the contract terms and conditions referenced and integrated hereto, except to the extent of any explicitly stated objections, changes, deletions, or additions to them, with the understanding that any proposed changes to these terms and conditions may be grounds for rejection of the proposal.

4 Evaluation Process

4.1 USHMM will assess each Offerors' proposal as evidenced by Offeror's commitment to meeting all USHMM's requirements and specifications as stated herein. Each member of the evaluation panel shall be accorded equal weight in his or her rating of proposals. USHMM intends, but is not obligated, to use a qualitative evaluation method for its review. USHMM shall award a contract to the Offeror who is determined to present the best overall value to USHMM, balancing in all cases the perceived fit of the Offeror's team, solution, and pricing with the Museum's vision as a function of Offeror's apparent engagement, excitement, and feasibility, as mitigated by the anticipated project risk. USHMM reserves the right in all cases to be the sole judge determining whether an Offeror meets the evaluation criteria.

4.2 USHMM reserves the right to enter into conversations, which may include clarifications and/or negotiations with any or all of the Offerors as is determined to be in the best interest of USHMM.

USHMM likewise reserves the right to require any or all Offerors to clarify or modify their proposals and resubmit such clarifications or modifications as a "Revised Proposal."

4.3 The RFP statement of work describes items desired by USHMM and is meant to be comprehensive but not all inclusive. Thus, if USHMM may have omitted a key component of its requirement that would normally be expected to be included, the Offeror bears the burden of demonstrating the omitted capability.

4.4 Offers are solicited on an "all or none" basis and failure to submit offers for the Museum's full requirement may be cause for rejection of the offer.

USHMM RFP #95476722R0800 Page 6 of 19 LIHE Videography Services

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (JUL 2020)

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

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

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

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

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

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 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 items:

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

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

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

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_x_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

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

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

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__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside

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

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

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside

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

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

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

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).

__ (ii) * * * __ (iii) * * * __ (iv) Alternate III (MAR 2020) of 52.219-9.

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

__ (18)(ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

__ (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C.

637(a)(17)).

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

_x_ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O.

13126).

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

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

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

_x_ (31)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

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

_x_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

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

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_x_ (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

__ (35)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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_ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (37)(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.)

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

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

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

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

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

13514).

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

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

8259b).

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

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

_x_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG

2011) (E.O. 13513).

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

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

_x_ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41

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

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

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

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

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

_x_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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__ (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. 2302 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).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

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

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_x_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct

2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

_x_ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

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

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

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

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

chapter 67).

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

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

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

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42

U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii)

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

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

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

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

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

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

(End of clause)

ADDENDA: INSPECTION & ACCEPTANCE

(1) It shall be the responsibility of the Contractor to ensure that all supplies and services provided hereunder conform to the specifications prior to delivery to USHMM.

(2) Inspection by USHMM shall not relieve the Contractor of responsibility for any or all quality control aspects during the life of the contract. This shall include quality control for all items covered by this contract that may be subcontracted.

(3) Neither USHMM’s reviews, approval, or acceptance of services and/or supplies, nor payment for any of the services or supplies required under this contract shall be construed to operate as a waiver of action arising out of the performance of this contract. Furthermore, the Contractor shall be and remain liable to USHMM in accordance with applicable law for all damages to USHMM caused by the Contractor’s negligent performance of any of the services or supplies furnished under this contract.

(4) Acceptance by USHMM does not relieve the Contractor of responsibility for correction of errors or omissions that may arise after such acceptance of the errors and omissions are clearly at fault in Contractor’s performance.

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OTHER APPLICABLE TERMS AND CONDITIONS

1. USE OF MUSEUM NAME.

1.1 Contractor shall not use the name of the Museum in any news release, public announcement, advertisement, or any other form of publicity, or disclose any of the terms of this Agreement to any third party without the prior written consent of the Museum.

1.2 Contractor shall not use the Museum’s name, trademarks, or any other language, pictures, or symbols that could, in the Museum’s judgment, imply the Museum’s identity or endorsement by the Museum or any of its employees in any (1) written, electronic, or oral advertising or presentation or (2) brochure, newsletter, book, electronic database, or other written material of whatever nature, without the Museum’s prior written consent.

1.3 Inclusion of Section. Contractor shall include the terms of this Section (“Use of Museum Name”) in any contracts with other parties providing services related to the performance of this Agreement, such as but not limited to subcontractors.

2. TRAVEL AND EXPENSE. Travel expenses are to be reimbursed according to GSA travel guidelines and are to include lodging and travel expenses only. All expenses for food and incidentals are solely the responsibility of the Contractor and shall not be reimbursed by Museum.

3. INVOICES.

3.1 Contractor shall submit invoice(s) to the COR upon satisfactory completion of work or otherwise in a manner consistent with Contractor's Proposal for completed deliverables and services received and accepted by the COR. Invoices shall be submitted in duplicate to the United States Holocaust Memorial Museum, one by e-mail to the COR and the other to the Accounts Payable Division at the addresses provided on the contract cover page and/or to <accountspayable@ushmm.org>. To constitute a proper invoice, the invoices must include the following information and/or attached documentation:

• Name of Business Concern and invoice date

• Contract Number or other authorization for performance of service

• Description, price, and quantity of services delivered or rendered

• Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

3.2 Nonpayment for Additional Work. Any additional services or services representing a change to work specified herein or as defined in the applicable task order performed by Contractor, either at Contractor’s own volition or at the request of an individual other than a duly appointed CO except as may be explicitly authorized in this Contract are not authorized and will not be paid. Only a duly appointed CO is authorized to change the specifications, terms, and conditions in this Agreement. Any such change shall be through a written amendment(s) or modification(s) to this Agreement issued by the CO.

USHMM RFP #95476722R0800 Page 13 of 19 LIHE Videography Services

4 DEFINITIONS/RELATIONSHIP

4.1 Contractor shall be at all times and for all purposes of this Contract an independent contractor. Contractor has not been and is not the employee, agent, officer, director, or representative of the Museum, nor pursuant to this Contract shall he/she have the authority to bind the Museum or represent that he/she has the power to do so, except as expressly set forth herein or otherwise subsequently agreed to in writing by the parties' authorized representatives.

4.2 "Videography" shall mean and refer to the print-quality digital audiovisual recording(s) (as high definition (HD) recordings suitable for all media uses on DVD masters or other, equivalent mutually agreed upon format) appropriately sharpened, color-corrected, and processed for maximum-quality; all raw footage, negatives, prints, positives, original transparencies and/or digital images; and all other of Contractor's work product pertaining to this Contract in any media now known or hereafter invented.

4.3 Museum's designated representatives and points of contact for the purposes of this Contract shall be the Contracting Officer and the Contracting Officer's Representative, as follows:

(i) "Contracting Officer" or "CO" shall mean and refer to the person with the authority to enter into, administer, and terminate this Contract, to make changes to Contract terms and conditions, and to make related determinations and findings.

(ii) "Contracting Officer's Representative" or "COR" shall mean and refer to the person with the authority to provide technical direction on Contract performance.

Technical…