140A0724Q0015_PG3_30.pdf

SOLICITATION # 140A0724Q0015 BIA-JICARILLA AGENCY

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B. CONTINUATIONOF SF 1449

B.1. SF 1449 Block 19 through 24

B.1.1. Block 20 – Period of Performance Estimated Estimated Period Name Period of Performance Monthly Yearly

(a) Base Year May 1, 2024 to April 30, 2025 $1,300.00 $15,600.00

(b) 1st Option Year May 1, 2025 to April 30, 2026 $1,365.00 $16,380.00

(c) 2nd Option Year May 1, 2026 to April 30, 2027 $1,430.00 $17,160.00

(d) 3rd Option Year May 1, 2027 to April 30, 2028 $1,495.00 $17,940.00

(e) 4th Option Year May 1, 2028 to April 30, 2029 $1,560.00 $18,720.00

Estimated Total: $85,800.00

Option years will be exercised under FAR 52.217-9 via a modification.

B.1.2. Block 23 & 24

Telephone charges shall be pursuant to the Contractor’s current tariff rates. The tariff rates shall be established and approved by the Corporation Commission of the State.

B.1.3. Service Options

(a) Switch to Dynamic IP – 1 ea. Call Path – Analog, 46 ea. Call Paths – PR/CAS, 1 ea. Ethernet Access (10mb), 1 ea. Managed Router – Advanced, 1 ea. Managed Router Equipment. 6 ea. 20 DID Station Numbers, and 11 ea. FSLC Charge. Estimated $1,000.58 per month, at time of award.

Does not include fees, surcharges, and taxes.

(b) Increase Internet Service – 3-year term for DIA: PREM and IPS -2 Usable IP Addresses (/30) for any of the following:

(1) Loop Bandwidth 50 MB Estimated $__________ per month at time of award.

(2) Loop Bandwidth 100 MB Estimated $__________ per month at time of award.

(3) Loop Bandwidth 500 MB Estimated $__________ per month at time of award.

Price does not include fees, surcharges, and taxes.

B.2. Contract Type

The Department of the Interior (DOI), Bureau of Indian Affairs (BIA), Southwest Regional Office (SWRO) anticipates awarding a single Firm Fixed Price purchase order for Wired Telephone Services to the BIA Jicarilla Agency in Dulce, New Mexico. This is a non-competitive purchase pursuant to FAR Part 12 Commercial Items and FAR 13 Simplified Acquisition Procedures. This acquisition is other than full and open competition, meaning no set-aside. The award will be selected by Lowest Price Technically Acceptable.

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B.3. Performance Work Statement (Services)

B.3.1. Background

Jicarilla Agency had wire telephone services from Windstream since the 1970’s. The name of the company changed throughout the years. Currently Jicarilla Agency is paying for services via a Government Purchase Card purchase request. The number of land phones and services changed throughout the years. The basic telephone service began then fax lines were added.

The wired telephone services are needed to conduct daily BIA telecommunication business.

B.3.2. Contract Purpose

The Contractor shall provide all wired telephone services, personnel, technology, equipment, hardware, software, and quality control necessary to perform the Wired Telephone Service defined in the contract. The services are for the BIA, Jicarilla Agency in Dulce, New Mexico. Attachment D.1. Map.

B.3.3. Contractor Personnel

(a) Contractor Manager

(1) The contractor must provide a contract manager who must be responsible for the performances of the work. The name of this person, and an alternate or alternates who must act for the contractor when the manager is absent, must be designate in writing to the contracting officer (CO).

(2) The contract manager or alternative must have full authority to act for the contractor on all contract matters relating to this contract.

(3) The contract manager or alternate must be available during normal duty hours within 60 minutes to meet with government personnel (designated by the CO) to discuss problem areas. After normal duty hours, the manager and alternate(s) must be available within 2 hours.

(b) Contractor Employees

(1) The contractor must not employ persons for work on this contract if such employee is considered by the CO to be a potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population.

(2) Contractor personnel must easily be recognized as contractor employees. Government site badge instructions shall be provided by the Contracting Officer’s Representative’s (COR), if needed.

(3) The contractor must make sure employees have current and valid professional certifications before starting work under this contract. No substitutes of key personnel without notification and approval by the COR and/or CO.

(4) The contractor must not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest.

(5) All contractor employees must maintain satisfactory standards of competence, conduct, appearance, integrity, and ethics.

(6) All contractor employees shall comply with contract’s time and attendance policies and reporting requirements.

(7) The Contractor shall employ only skilled, trained workers familiar with the services.

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(8) The Contractor will make arrangement with Tribe Tribal Employment Rights Office (TERO) for work permits for each employee doing work on this contract. See also Section B.4.12.(b).

(9) The Contractor shall provide a POC to work with the CO and COR hired for this project at time of quote, which will be incorporated into the contract. The BIA reserves the right to exclude key personnel from providing services under this project. The basis for excluding key personnel will be the lack of competency and/or professional behavior on past or ongoing contracts, including this contract. If a new hire is made during this contract, the person must be approved by BIA before starting on the contract.

B.3.4. Security Requirements

(a) The contractor must follow the security process at the BIA facility. The COR will provide the necessary facility pass requirements, security clearance requirements, etc. The contractor is required to check in and out at the main office daily when entering and leaving the facility. BIA reserves the right to inspect all boxes, packages etc. coming into and exiting from any BIA facility.

(b) The contractor shall follow the security process at the Tribe. The contractor is responsible for obtaining the necessary permit from the Tribe. When obtained the contractor must inform the

COR.

(c) BIA reserves the right to perform background checks on any person(s) who are to perform work.

(d) The contractor must be responsible for safeguarding all government property provided for contractor use. At the end of each workday, all government property, equipment, and materials must be secured. All contractor provided equipment, vehicles, materials, tools, etc. must be secured by the contractor. COR may designate a site, but BIA is not responsible for the security.

B.3.5. Quality Control

(b) In compliance with the FAR 52.246-4, the contractor must provide a quality control plan that contains, at a minimum, the items listed in section (b) below to the COR for acceptance not later than the postaward conference. The COR will notify the contractor of acceptance or required modifications to the plan before the contract start date. The Contactor must make appropriate modifications. COR will provide a copy to the CO.

(c) The plan must include:

(1) A description of the inspection system to cover all services listed on the performance requirements summary (PRS) (Attachment D.2). The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspections and the title and organizational placement of the inspectors.

(2) A description of the methods to be used for identifying and preventing defects in the quality of service performed.

(3) A description of the records to be kept to document inspections and corrective or preventative actions taken.

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(d) The records of inspection must be kept and made available to the COR and CO, when requested, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. Any changes must be made to plan immediately.

B.3.6. Quality Assurance

According to the Inspection of Service clause FAR 52.246-4, the Government will evaluate the contractor’s performance under this contract. For those tasks listed on the PRS, the COR will follow the methods or surveillance observations. When an observation indicates defective performance, the COR will require the Contract Manager or alternative(s) to initial the observation.

The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgement that he or she has been made aware of the defective performance.

Government surveillance of tasks not listed in the PRS or by methods other than those listed in the PRS (such as provided for by the Inspection of Services clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO because of surveillance will be in accordance with the terms of the contract.

B.3.7. Performance Evaluation Meetings

(a) Postaward Meeting - The purpose of the meeting is to review the contract terms and conditions and identify Key Personnel on both parties. Participants without authority to bind the Government shall not take action that in any way alters the contract. The CO or COR shall provide written minutes within 5 business days after the meeting.to the Contractor Manager for review/concurrence.

(b) The CO or COR may require the Contract Manager to meet with the CO, COR and other BIA personnel as deemed necessary. The contractor may request a meeting with the CO when he or she believes such a meeting is necessary. The party calling the meeting will provide written minutes of any such meetings which must be recorded in the contract and signed by the Contract Manager and the CO. If the contractor does not concur with any portion of the minutes, such nonconcurrence must be provided in writing to the CO within 5 calendar days following receipt of the minutes.

B.3.8. Hours of Operations

(a) Normal Hours of Operation The Contractor must perform the services required under this contract 24 hours a day, 7 days a week, and yearly. On site hours are 8:00 am to 4:30 pm, Monday through Friday. Any deviations to the schedule must be approved in advance by the COR. If it is required of the BIA to supply an attendant to stay after the normal hours of operation, the Contractor must cover the additional cost of the BIA attendant.

(b) Holidays

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Holidays are in accordance with the U.S. Government Office of Personnel Management website:

http://www.opm.gov/Operating_Status_Schedules/fedhol/2024.asp. Future calendar years can be found at the same website.

(c) Emergency or Special Event Services Workdays may be interrupted by unannounced closures of the government facilities or Tribal Reservation for early release, dismissal, unforeseen weather, electric power outages, and fire or traditional activities.

B.3.9. Government Furnished Property (GFP) and Services

The BIA has no GFP or Services to furnish to the Contractor.

B.3.10. Records

(a) The Contractor shall not disclose and must safeguard procurement sensitive information, computer systems and data, privacy act data and government personnel work products obtained or generated in the performance of services under this project. This applies to all Contractor personnel who provide services under this project, including but not limited to the project leader, key personnel, and other Contractor employees.

(b) When providing services using electronic equipment, such as a desktop computer, a laptop, a tablet, or similar devices, the Contractor must provide a backup system for any deliverables, and for any draft or working copies of the deliverables, stored on these devices. The backup system can either be a local area network (LAN), an external hard drive, or a USB flash drive (thumb or jump drive). A cloud-based backup system is allowed but is not recommended. The Contractor must perform backups on a defined periodic basis. Before any services are provided under this project, the Contractor will provide the BIA with a written description of the backup system and a schedule for the periodic backups.

(c) Upon the Government’s final acceptance of the services and deliverables, the Government will retain sole ownership of the deliverables. Therefore, when notified of final acceptance, the Contractor is required to certify, in writing, the Contractor, the Contractor’s employees used to provide the services do not retain any electronic and manual copies of the deliverables, and any backups, drafts or working copies of the deliverables, provided under this project.

B.3.11. Contractor-Furnished Items and Services

(a) Task #1 – Contractor shall provide local and long-distance telecommunication services necessary to conduct day to day operations. Telephone and Fax Services which includes two

(2) ISDN PRI for the following:

(1) Business Line – 575-759-3900

(100) Direct In Dial POTS Number ID Direct Ind Dial-1st 100 Number of Directories

(4) No Change-Non Pub

(2) ISDN PRI Access-Contract Rate-V

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(16) ISDN PRI Channel-Contract Rate

(6) 20 Number DID Block

(3) Local VG 2W Voice A Loop

(2) Local VG TSPT <6 Per Term FCC End User ISDN Port-PRI Interstate Subscriber Line Charge Access Recover Charge MLC Federal Universal Service Fee Telecommunication Relay Svc State and County Taxes

(2) One (1) Long Distance Windstream Bus LD Flat $0.05 1K-50K LD Block of Time Gross Receipts Tax Federal Universal Service Fee Regulatory Assessment Surcharge Telecommunications Relay Service State and County Tax

(3) Internet service

(b) Task #2 – Installation and disconnection of telephone lines.

(c) Task #3 – Maintenance of telephone lines outside each Jicarilla Agency facility.

(d) Task #4 – The contractor shall restrict access all Jicarilla Agency telephone lines to 900 numbers. If this restriction cannot be performed, please inform the COR. If the Contractor cannot restrict the dialing of 900 numbers, then it is the responsibility of the COR to take an alternative plan.

B.3.12. Worksite Requirements

(a) While providing services under this project, the Contractor is responsible for conducting work posing no health/safety risk to the Contractor, the Contractor’s employees, government employees, tribal employees, tribal members, or the public.

(b) Tribal Employment Rights Ordinances

(1) Many tribes have passed Tribal Employment Rights Ordinances (TERO), which specify conditions all contractors must satisfy to assure the tribes their tribal members are given appropriate opportunities for employment in on-reservation projects. In addition to requiring the hiring of tribal member labor, some TEROs also impose a TERO tax based on the contract amount.

(2) The Contractor is responsible for determining the cost of compliance with applicable TERO and includes those costs in the Contractor's proposal. Additional tribes may adopt TERO without notice, and the Contractor is responsible for contacting tribes on whose reservations they will be working to determine whether a TERO is in force and the terms.

(3) Jicarilla Apache Nation, Department of Labor - TERO

Name: Vicent Maria, Executive Director

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Address: PO Box 507, 25 Hawk Drive, Dulce, NM 87528 Phone: 575-759-4410 Email: vmaria@jan-nsn.com

(c) Regulations, Laws, Policy, and Standards It shall be the Contractor's sole responsibility to be aware of these regulations and others not listed to perform under this contract and to comply with them. The Contractor shall procure at their own expense all documents (license, permits, etc.) required to meet the requirements. The Government shall not be liable for any citations received by the Contractor. The BIA will not provide copies of the documents.

(1) Federal Communications Commission

(2) State Corporation Commission

(3) Environmental Protection Agency

(4) Environmentally preferable products or services, including environmentally sustainable electronic products, that meet or exceed specifications, standards, or labels recommended by EPA through the Environmentally Preferable Purchasing Program (EPP).

https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing

(5) EPA Transportation, Air Pollution, and Climate Control.

https://www.epa.gov/transportation-air-pollution-and-climate-change

(6) Occupational Safety and Health Act (OSHA) of 1970.

(7) Tariff Rates

(8) Other relevant local, Township, County, State and Federal laws, regulations, policies, and guidance, as well as pertinent Tribal ordinances, policies/procedures.

C. CONTRACT CLAUSES

C.1 52.252-02 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/diar

FEDERAL ACQUISITION REGULATIONS (FAR) CLAUSES

CLAUSE CLAUSE TITLE CLAUSE DATE

52.202-1 Definitions Jun 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities Dec 2023 52.228-5 Insurance-Work on a Government Installation Jan 1997 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.242-14 Suspension of Work Apr 1984 52.242-15 Stop-Work Order Aug 1989

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52.242-17 Government Delay of Work Apr 1984 52.246-4 Inspection of Services-Fixed Price Aug 1996

C.2. 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

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(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal

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contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American;

and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

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C.3. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Feb 2024)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

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

X_(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

__(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__(6) [Reserved].

__(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) Pub. L. 115–390, title II).

SERVICE: WIRED TELEPHONE SERVICES PG 16 OF 30

__(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__(ii) Alternate I (Dec 2023) of 52.204–30.

X_(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

__(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__(17) [Reserved] __(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

__(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

__(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__(ii) Alternate I (Nov 2016) of 52.219-9.

__(iii) Alternate II (Nov 2016) of 52.219-9.

__(iv) Alternate III (Jun 2020) of 52.219-9.

__(v) Alternate IV (Sep 2023) of 52.219-9.

__(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021 (15 U.S.C.

637(d)(4)(f)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__(26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

X_(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X_(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

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X_(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_(34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

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

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

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

X_(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_(39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

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

__(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

X_(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

X_(44) (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.

__(45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b) __(47) (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_(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__(50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__(51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

X_(52) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__(ii) Alternate I (Oct 2022) of 52.225-1.

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__(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__(ii) Alternate I [Reserved].

__(iii) Alternate II (Dec 2022) of 52.225-3.

__(iv) Alternate III (Feb 2024) of 52.225-3.

__(v) Alternate IV (Oct 2022) of 52.225-3.

__(54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__(55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X_(62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__(64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X_(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__(67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__(iii) Alternate II (Nov 2021) of 52.247-64.

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

__(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

__(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

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__(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

__(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

__(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

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(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)

(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

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