W91QV1-21-R-0014 Solicitation.docx

W91QV121R0014

Section SF 1449 - CONTINUATION SHEET

Production Professional Labor

FFP

Director (1) Person FOB: Destination

PSC CD: R499

NET AMT

Technicians

Technicians – lighting, sound, video, editor, animation, script, teleprompter, color correction (15)

NET AMT

Host / MC

Host (1) Person

NET AMT

Production Professional Labor

Interview Subject (1)

NET AMT

PWS / SOW

PERFORMANCE WORK STATEMENT (PWS)

Video Production of Holiday Music Presentation for The United States Army Field Band

Part 1 General Information

1. GENERAL: This is a non-personnel services contract to provide support for the United States Army Field Band’s Holiday Video Production. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service provider(s) shall be accountable solely to the Contractor who, in turn, is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, facilities, equipment, supplies and other non-personnel services necessary to provide for the Holiday Concert Video Production as defined in this Performance Work Statement except for those items specified as Government-furnished property and services. The Contractor shall perform to the standards in this contract.

1.2 Background: The US Army Field Band will present a Holiday Music Video Presentation no later than Thursday, December 24, 2020 at 8:00 p.m. This product will be available to the general public and the distribution network needed to support this product cannot be accommodated by The US Army Field Band (TUSAFB) at Fort Meade, MD.

1.3 Objectives:

· Work directly with the Production director to prepare and execute a television program no less than 22 minutes of duration of Broadcast Television quality.

· Broadcast on Television Network with at minimum one million person audience reach according to Nielsen audience measurement systems

· Deliver a video product of Television HD quality, 1280 active pixels horizontally by 720 active lines vertically, progressively scanned 59.94 frames per second, aspect ratio 16x9 (1.78/1), conforming to the scanning parameters specified in SMPTE 296M, file type MXF 720P content; audio mix will be at minimum 2-channel stereo and shall be linear PCM with sample rate of 48khz locked to video with 24-bit depth, with target reference level audio loudness of -24 dB LKFS, +- 2 dB, with maximum true peak levels not exceeding -6 dBFS.

1.4 Scope:

Be located within the Military District of Washington or Contractor Facility in the United States Provide a well-known spokesperson in the Television industry to the general public as host Design a narrative script for television program that dictates all messaging/language spoken and captured Provide video support to include broadcast cameras with at least 4k resolution, cables, lens kits, stands, and memory cards Provide crew to capture video footage of subject interview, host narration, and musical performances of

TUSAFB

Provide teleprompter to support on camera personnel executing script Provide director to manage script edits, talent on-camera, and production schedule Provide audio gear to include microphones, cables, recording audio interface, and storage drive Provide audio support to manage on-site audio playback of music and capture of speaking Provide a venue with dimensions greater than or equal to 20’ x 20’ and have the ability to accommodate up to 20 seated instrumentalists and 1 vocalist (adhering to COVID protocols) for musical segments Provide remote camera lighting to include all fixtures and controls.

Must have personnel to accommodate host and interview personnel Must have personnel pass background investigation for those required on MDW installation Must have established connections with on-screen talent and television industry Must have connections with third-party broadcast and streaming partners Must utilize TUSAFB personnel for all captured/recorded musical performances Will be provided all previous TUSAFB Holiday Music audio/video captures as needed Provide technician crew to create one minute animated musical segment at full 24 frames per second, Synchronized to musical performance recording of TUSAFB Provide support to create all graphics on camera, including lower thirds, credits, fonts, and all stationary imagery on screen.

Provide support to edit captured footage into single video sequence of no less than 22 minutes of duration Must provide two (2) revision points feedback/suggestions/changes to footage for pacing, angles, or script revisions in post-production Provide support to color correct the single video sequence to ensure consistency in appearance of all visuals Provide distribution outlet of video performance to ensure availability to the general public, to include network/cable television, major streaming networks, and/or digital/social media platforms to have, at minimum, a one million person reach during broadcast.

1.5 Period of Performance: The period of performance is from 01 December 2020 to 24 December 2020.

1.6 General Information

1.6.3 Recognized Holidays: The Contractor is not required to work on the following federal holidays.

1.6.4 Hours of Operation: The days for script writing, video record of host and interview personnel, recording musical performances will be 8:00 a.m. to 8:00 p.m, 1-4 December 2020. The days of editing, animation, and graphics will be 8:00 a.m. to 8:00 p.m, 5-15 December 2020. The days for revisions, color correction, and securing distribution will be 8:00 a.m. to 8:00 p.m, 15-24 December 2020.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at the Contractor’s facility, at 4214 Field Band Drive, Fort Meade MD 20755, and at other locations as required to fulfill scope of work.

1.6.6 Type of Contract: The government will award a Firm Fixed Price contract.

1.6.7 Security Requirements: Contractor personnel performing work under this contract require no security clearances.

1.6.7.1 AT Level 1 Training: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled-access areas shall complete AT Level I awareness training within 30 calendar days after the contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT Level I awareness training is available at the following website: http://jko.jten.mil

1.6.7.2 iWATCH Training: The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. https://slideplayer.com/slide/5285421/

1.6.7.3 OPSEC Training. Per AR 530-1 Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter. https://securityawareness.usalearning.gov/opsec/

1.6.8 Physical Security: The Contractor shall be responsible for safeguarding its own equipment while on site. The Contractors shall provide security during filming of host segment, subject interview, supplemental footage, and musical segments involving TUSAFB personnel

1.6.9 Key Personnel: N/A

1.6.10 Identification of Contractor Employees: All contract personnel working other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.11 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer and Contracting Officer’s Representative immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.12 Enterprise Contractor Manpower Reporting Application (ECMRA):

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Concert Hall Lease via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS:

3.1. Labor: The Government will provide at least four (4) production assistants to support script, manage Government personnel, and manage all loading/un-loading of Government equipment.

3.2 Equipment: The Government will provide all concert band equipment, stands, instruments, decorative set items, and playback audio speaker for music recording playback on-site performance synchronization.

3.3 Media: The Government will provide all music audio for playback on-site recording synchronization and for final mix of audio component of Broadcast Video.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Secret Facility Clearance N/A.

4.3. Equipment: The Contractor shall provide the following to meet the requirements of this PWS.

· Professional Video Capture devices and accessories to include:

· CAMERA

· Sony FX9 6K Full Frame Cinema Camera (x2) or comparable

· Sony A7s3 4K Full Frame Cinema Camera or comparable

· Sony FS5 4K Cinema Camera or comparable

· DJI Mavic Pro 2 Drone or comparable

· LENS

· Sigma FE 24-70mm f2.8 or comparable

· Sony FE 70-200mm f2.8 or comparable

· Sigma FE 100-400mm f5 or comparable

· DZOfilm Full Frame Prime Lens set (25,35,50,75,100,125mm) or comparable

· CAMERA SUPPORT

· Steadicam AERO 30 or comparable

· Acebil Supercrane120 30ft Jib or comparable

· Oconnor Tripods and Heads or comparable

· OSMO stabilized handles for A7s3 or comparable

· Mathews 45” Slider or comparable

· Teradek Bolt 750 Full Wireless Video system or comparable

· 2x Panasonic 17” Production Monitors or comparable

· 4x Comtek packs for audio monitoring or comparable

· Professional Audio Capture devices and accessories to include:

· AUDIO

· Lectrosonics UCR211 Transmitter/Receivers or comparable

· Lav mics; Tram Mics & AT899c Mics or comparable

· Sennheiser MKH416-P48U3 Shotgun mics or comparable

· Sennheiser MKH 8040 Cardioid mics or comparable

· Sound Devices 888 Portable Mixer/ Recorder or comparable

· Professional Graphics-based Computer Equipment

· Professional Dramatic Set lighting and accessories to include:

· GRIP AND ELECTRIC

· Hudson Spider Mozzie/ Redback Parabolic LED lighting kit (x2) or comparable

· Astera TitanTube Portable LED RGB lighting tubes (x5) or comparable

· 10K HMIs or comparable

· C-stands, Light stands, power cables or comparable

· All necessary Grip gear/storage

· Professional Animation/Graphics/Video Software

· Production to include non-decorative stage set items

4.4. Labor: The Contractor shall provide the following to meet the requirements of this PWS

· 15 technicians – lighting, sound technician, videographers, video editors, animators, script writer, teleprompter operator, color correction technician

· 1 director

· 1 host

· 1 subject matter expert – person(s) for interview segment

4.5. Trucking: N/A

4.6 Parking: N/A

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1 The Contractor shall provide well-known spokesperson in television industry as host

5.2 The Contractor shall capture all video and audio of host and interview

5.3 The Contractor shall capture video only of musical sequences and supplemental footage for narrative sequence.

5.4 The Contractor shall set up all camera, lighting, and audio equipment per production schedule specifications and strike set up upon completion of recording capture. Production set up will include capture of: host, interview, and musical performances by Government personnel.

5.5 The Contractor shall provide a video sequence draft of program no later than 16 December 2020.

5.6 The Contractor shall provide a competition of all graphics and animation no later than 20 December 2020.

5.7 The Contractor shall provide a final delivery of video sequence no later than 23 December 2020 that meets Broadcast Television requirements.

5.8 The Contractor shall abide by all CDC guidelines during entire time of performance to include temperature checks at any Government or Contractor facility, limit of personnel in indoor spaces to allotted capacity limits, sanitization of workspaces and equipment, and wear of mask at all times. Personnel on camera and captured footage may remove masks after physical distancing is allotted prior to recording.

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENTS SUMMARY

Performance Objective (The Service required—usually a shall statement)

Method of Surveillance

PRS # 1

Contractor shall provide well-known spokesperson in television industry as host

PWS Para 5.1

inspection

PRS #2

The Contractor shall capture all video and audio of host and interview

PWS Para 5.2

inspection

PRS # 3

The Contractor shall capture video only of musical sequences and supplemental footage for narrative sequence.

PWS Para 5.3 The Contractor will ensure capture of musical segments of US Army Field Band and all supplemental footage for narrative is video only. Musical segment audio will be provided a final audio mix from TUSAFB.

inspection

PRS # 4

The Contractor shall set up all camera, lighting, and audio equipment per production schedule specifications and strike set up upon completion of recording capture.

PWS Para 5.4

inspection

PRS #5

The Contractor shall provide a final delivery of video sequence no later than 23 December 2020 that meets Broadcast Television requirements

PWS Para 5.7

inspection

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

(May be paper or CD in MS Word)

TECHNICAL EXHIBITS 3

ESTIMATED WORKLOAD DATA

Below are the descriptions and estimated annual labor hours for the requirements of this PWS based on historical data. These hours do not project actual requirements for the new contract, nor does it reflect hours required of subcontractors. The Contractor is responsible for proposing the appropriate hours and labor mix to perform the requirements of this PWS. This data is provided for informational purposes only. Note: Days are normally at 10 hrs. Days may go as long as 14 hrs.

ITEM

NAME

ESTIMATED QUANTITY (on-duty not including travel)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

W81P9X 4214 FIELD BAND DRIVE, STE 5330

FORT MEADE MD 20755

Government

W81P9X 4214 FIELD BAND DRIVE, STE 5330

FORT MEADE MD 20755

Government

W81P9X 4214 FIELD BAND DRIVE, STE 5330

FORT MEADE MD 20755

Government

W81P9X 4214 FIELD BAND DRIVE, STE 5330

FORT MEADE MD 20755

Government

DELIVERY INFORMATION

24-DEC-2020

SFC DAVID J PARKS

W81P9X 4214 FIELD BAND DRIVE, STE 5330

FORT MEADE MD 20755

(301) 677-2832

W81P9X

24-DEC-2020

W81P9X

24-DEC-2020

W81P9X

24-DEC-2020

W81P9X

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 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.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as 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--

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause--

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

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

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

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

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

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

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

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

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

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

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

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

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

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in…