19AQMM22R0012.pdf

19AQMM22R0012

SOLICITATION, OFFER, AND AWARD

1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

19AQMM22R0012 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

05/17/2022

6. REQUISITION/PURCHASE NUMBER

CODE: LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

7. ISSUED BY 8. ADDRESS OFFER TO (If other than Item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

9. Sealed offers in original and __1__ copies for furnishing the supplies or services in the Schedule will be received at the place specified in item 8, or if handcarried, in the depository located in ____ until __14:00 ET__ local time __06/14/2022__

10. FOR

INFORMATION

E-MAIL:

A. NAME

Andrew T. Rothstein 703-875-5867

B. TELEPHONE (NO

COLLECT CALLS)

C. E-MAIL ADDRESS

rothsteinat@state.gov

11. TABLE OF CONTENTS (See Table of Contents on page 2)

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - SCHEDULE PART II - CONTRACT CLAUSES

A SOLICITATION/CONTRACT FORM I CONTRACT CLAUSES Contract B SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

C DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS

D PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS

E INSPECTION AND ACCEPTANCE K REPRESENTATIONS CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORSF DELIVERIES OR PERFORMANCE

L INSTRS., CONDS., AND NOTICES TO OFFERORSG CONTRACT ADMINISTRATION DATA

M EVALUATION FACTORS FOR AWARDH SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

In compliance with the above, the undersigned agrees, if this offer is accepted within __________ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

12.

13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No.

52.232-8)

10 CALENDAR DAYS(%)

0.00 %

20 CALENDAR DAYS(%)

0.00 %

30 CALENDAR DAYS(%)

0.00 %

0 CALENDER DAYS(%)

0.00 %

14. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CONTACT: UEI: 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or Print)

15B. TELEPHONE NUMBER

15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM

ABOVE - ENTER SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN (4 copies unless otherwise specified)

ITEM

CODE: OPEAQM

Information Management Branch

OPE/AQM/WW/IM

Office of Acquisition (AQM) 1200 Wilson Blvd (SA-06B) Arlington, VA 22209

24. ADMINISTERED BY (if other than Item 7) CODE: IPP

IPP

Invoices to be uploaded to Invoice Processing Platform at http://www.ipp.gov

CHARLESTON, SC 29415

25. PAYMENT WILL BE MADE BY

26. NAME OF CONTRACTING OFFICER (Type or print)

Michael S. Dickson (Signature of Contracting Officer)

27. UNITED STATES OF AMERICA 28. DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA - FAR (48 CFR) 53.214(c)

CGFS // CGFS

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs B-001 Overview B-002 Type of Contract B-004 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (Indefinite Quantity Contract) B-005 Contract Prices

C Descriptions/Specifications/Statement of Work C-001 Statement Of Work

D Packaging and Marking

D-001 DATA PACKAGING REQUIREMENTS

D-002 SOFTWARE AND MAGNETIC MEDIA MARKING

D-003 PACKING OF SUPPLIES FOR DOMESTIC SHIPMENT

D-004 PACKING LIST(S)

D-005 WARRANTY NOTIFICATION

D-007 PACKAGING AND PALLETIZING

D-008 Packaging, Marking, and Shipping

E Inspection and Acceptance E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination)

E-003 CONTRACTOR SELF REPORTING OF NON-COMPLIANT SERVICES

E-004 Performance Measures and Metrics

F Deliveries or Performance

F-006 PERIOD OF PERFORMANCE

F-009 PLACE OF DELIVERY

F-019 Replacement Parts Availability

G Contract Administration Data

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

G-001 ORDERING PROCEDURES

G-002 CONTRACT ADMINISTRATION DATA

G-005 Advertising and Marketing

INV-IPP ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS

TO IMPLEMENT USAGE OF THE INVOICE PROCESSING PLATFORM (IPP)

H Special Contract Requirements

H-020 SAFEGUARDING INFORMATION

H-021 Software Bill of Materials and Supply Chain Risk Management - Threat Reporting

H-024 NONPAYMENT FOR UNAUTHORIZED WORK

H-025 TECHNICAL DIRECTION

H-027 WARRANTY

H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General H-037 Technology Refresh

I Contract Clauses 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.216-22 Indefinite Quantity (Oct 1995) 52.232-36 Payment by Third Party (May 2014)

652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE

UNITED STATES (JUL 1988)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022)

52.215-8 Order of Precedence - Uniform Contract Format (Oct 1997) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 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. (Sep 2021) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.237-3 Continuity of Services (Jan 1991)

J List of Attachments J-001 Attachments

K Representations, Certifications, and Other Statements of Offerors or Respondents 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.209-12 Certification Regarding Tax Matters (Oct 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021)

652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)

K-002 CERTIFICATION

K-005 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION AND

DISCLOSURE

L Instructions, Conditions, and Notices to Offerors and Respondents 52.216-1 Type of Contract (Apr 1984) 52.233-2 Service of Protest (Sept 2006)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

L-001 COMMUNICATION CONCERNING SOLICITATION

L-002 Solicitation Response

L-003 AVAILABILITY OF EQUIPMENT AND SOFTWARE

L-004 Instructions for Delivery of Evaluation Equipment, Software, and Manuals L-005 Instructions for Volume I - Technical/Management Proposal Preparation L-006 Instructions for Proposal Preparation – Volume II - Price Proposal L-007 Instructions for Proposal Submission L-008 Amendments to Proposals L-009 Questions Regarding the Solicitation L-010 Proposal Validity Period L-011 Standard Commercial Warranty L-012 Debriefing of Unsuccessful Offerors L-013 Disposition of Offers L-014 Incomplete Information

M Evaluation Factors for Award M-001 Evaluation Factors for Award

M-003 BASIS FOR AWARD

M-008 Use of Non-Government Support for Evaluation

Line Item Summary

Solicitation Number:

19AQMM22R0012

Contract Number: Title: State Repeater Request for Proposal

Date of Solicitation:

05/17/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 State Repeater Program - Base Year Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2022 to 08/31/2023

1.00 LT

101 State Repeater Program - Option Year 1 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2023 to 08/31/2024

1.00 LT

201 State Repeater Program - Option year 2 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2024 to 08/31/2025

1.00 LT

301 State Repeater Program - Option Year 3 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2025 to 08/31/2026

1.00 LT

401 State Repeater Program - Option Year 4 Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2026 to 08/31/2027

1.00 LT

B-001 - Overview

The Department of State (DOS) operates and maintains existing Land Mobile Radio (LMR) systems at 21 major cities throughout the United States. Special Agents from the Bureau of Diplomatic Security at these field offices require two-way radio communications during their protection of the Secretary of State, protection of visiting foreign dignitaries, law enforcement activities, and investigatory work.

Additionally, the DoS operates and maintains existing LMR systems at 280 U.S. Embassies or Consulates called Emergency & Evacuation (E&E) and Emergency Action Committee (EAC) radio networks. These networks are comprised of separate repeaters located either on the compound or somewhere in the city, at a geographically advantageous high point (building top, mountain top, or tower) for greater long range radio frequency (RF) coverage.

Under this State Repeater contract, the contractor shall provide repeater equipment in 5 configurations for both UHF and VHF frequencies and ancillary services such as program management, training, technical support, and warranty support.

B-002 - Type of Contract

a) This is an indefinite-delivery, indefinite-quantity (IDIQ) contract, as defined in Federal Acquisition Regulation (FAR) 16.504 (Indefinite-Quantity Contracts).

b) This contract is for commercial-off-the-shelf items with ancillary services such as delivery, warranty support, program management and training.

c) All task orders issued under this IDIQ contract will be firm-fixed price.

d) This acquisition is set aside for a Woman-Owned Small Business (WOSB).

B-004 - MINIMUM AND MAXIMUM CONTRACT AMOUNTS (Indefinite Quantity Contract)

Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below.

$500.00

The maximum total for all task orders issued under this indefinite quantity contract (including all option years) shall be any quantity or combination of supplies and services equal toa total value of $36,000,000.00 ($36 million) (end of clause)

B-005 - Contract Prices

a) The Firm-Fixed IDIQ Contract products and unit prices shall be those listed in the spreadsheet - Attachment-2-State Repeater Pricing Spreadsheet for the base year and four option years.

b) Products may be added and deleted via bi-lateral modification over the life of the contract to support changes in technology

Section C - Descriptions/Specifications/Statement of Work

C-001 - Statement Of Work

See Attachment 1- State Repeater-Statement of Work, which describes the technical and management requirements of the program.

(end of clause)

Section D - Packaging and Marking

D-001 - DATA PACKAGING REQUIREMENTS

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practices.

(b) Classified reports, data, and documentation shall be prepared for shipment in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).

D-002 - SOFTWARE AND MAGNETIC MEDIA MARKING

Packages containing software or other magnetic media shall be marked in accordance with requirements set forth in the project, or if none is specified, shall be marked on external containers with a notice reading substantially as follows: “CAUTION: SOFTWARE/ MAGNETIC MEDIA ENCLOSED. DO NOT EXPOSE

TO HEAT OR MAGNETIC FIELDS”.

Unclassified data shall be prepared for shipment in accordance with best commercial practices.

Classified reports, data, and documentation shall be prepared for shipment in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).

D-003 - PACKING OF SUPPLIES FOR DOMESTIC SHIPMENT

Supplies shall be packed for shipment in a manner that will ensure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission Regulations, Uniform Classification Rules, and regulations of other carriers as applicable to the mode of transportation.

(end of clause)

D-004 - PACKING LIST(S)

A packing list or other suitable shipping document shall accompany each shipment and shall include the following information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government contract number (and delivery order number, if used);

(d) Government bill of lading number covering the shipment, if any; and

(e) Description of the items shipped, including item number, quantity, number of containers, and package number, if any.

(end of clause)

D-005 - WARRANTY NOTIFICATION

The contractor shall:

- Provide warranty support for all products purchased by DOS as desribed in the Statement of Work. . The government will pay for transportation from the government facility to the contractor’s facility for items needing repair that are under warranty. The contractor shall repair or replace the failed device and ship back to the government facility in Springfield, VA at no cost to the Government. Warranty support shall consist of replacing and repairing all broken and defective products purchased under the contract as specified in the manufacturer’s standard commercial warranty.

- During the warranty period, expedite any failed component to arrive at the Government warehouse within 30 days of notification of failure.

D-007 - PACKAGING AND PALLETIZING

VENDOR NOTE: The packing and palletizing - if palletizing is required for this order - must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regulating Wood Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the vendor's expense. For any additional information concerning these requirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/ wpm OR www.aphis.usda.gov/ppq/wpm/import.html.

(end of clause)

D-008 - Packaging, Marking, and Shipping

The contractor shall adhere to the following packaging, marking, and shipping instructions.

- All items must be domestic boxed. Vendor shall mark all crates and boxes with the Order No. referenced in Block 3.

- Provide the COR (DOS) with written notification prior to each shipment.

- Provide full shipments for each order (no partial shipments), unless specified or approved by the Contracting Officer’s

Representative (COR).

- Reflect all part number changes in the packing list and prior shipping notification.

- Mark all internal parts, software programming and option items on packing slip, as to the actual contents (e.g. not just the physical item).

- Deliver all items ordered by DOS to the Radio Programs Branch, SA-7C, 7955 Angus Court, Springfield, VA or other location designated by the order.

- To accommodate the DOS receiving process, the contractor shall affix DOS -provided barcodes labels to each tangible and serialized device having a contract price of $1,000.00 or greater. The contractor shall affix these barcode labels to the equipment within two inches of each component’s serial number label.

- Print a copy of the DOS-provided barcode label along with the numerical value of the label and the unit’s serial number on the outside of the devices’ shipping box.

The Government will:

- Provide the physical barcodes within 14 days of issuance of the purchase order.

- Track the purchase of all items with serial numbers and note their location and status (under repair, replaced by serial number X, etc.)

Section E - Inspection and Acceptance

E-002 - INSPECTION AND ACCEPTANCE (F.O.B. Destination)

Inspection and acceptance shall be made at destination by an authorized representative of the Government.

(end of clause)

E-003 - CONTRACTOR SELF REPORTING OF NON-COMPLIANT SERVICES

The Contractor shall identify and explain the cause of any non-compliant action and the Contractor’s plan to resolve the issue(s).

E-004 - Performance Measures and Metrics

The Government will use the performance measures in the table below to track contractor performance on all orders delivered to Domestic locations.

Requirement Acceptable Quality Level Method of Surveillance On-time Delivery Deliver 99% of all orders on time (within 45 days of placing the order). The contractor is responsible for informing the COR in writing if delivery will be delayed for any reason. The contractor shall provide a reason for the delay no later than 10 days before the order’s due date

The COR will track the actual delivery date and time of all orders placed against the IDIQ and discuss any deviations with the contractor.

Repair and Return Repair 99.5% of all items returned for repair correctly and within 30 days of receipt. The contractor shall inform the COR no later than 3 days prior to the repair’s due date and provide a reason for the delay.

The COR will track the actual delivery time and status of repaired items and discuss any deviations with the contractor.

Warranty Support 90% of all single unit items shall operate properly in accordance with contract and product specifications during the warranty period.

If it is determined that ten percent or more of the new radios are not meeting the manufacturer’s specifications (and the contract requirements) the Contractor shall pay for all transportation (to and from the government facility) and correct the deficiencies at no cost to the government.

In addition, the Contractor shall submit a plan to correct the deficiencies within 14 days of notification and the Government will approve the plan within 14 days of receipt. The contractor shall implement the plan within 90 days of notification.

The COR will track the number single unit failures vs. the number of items in use to determine the percentage of failed items.

The COR shall track the progress of the contractor’s plan to correct product deficiencies and continually track the percentage of failures after the contractor implements the corrections.

Certificate of Conformity The supplier shall provide for each supply a Certificate of Conformity (CoC) certifying that the product complies with the contractual requirements. The CoC shall include the following information as a minimum:

· Reference to the RPB PO number

· Manufacturer’s Part Number

· Applicable data for product traceability (quantity, S/N, batch nr, manufacturing date, … etc.)

· Explicit declaration of compliance with contractual requirements

· Shipment date of the supply

· Compliance with Euro RED requirements

· Compliance with John S. McCain National Defense Authorization Act for Fiscal Year 2019 - Sec 889

Each shipment delivery will be assessed for adherence to the requirements of the Certificate of Conformity. The shipment is considered complete and compliant only if, in addition to the material, the required Certificate of Conformity has also been delivered and accepted by RPB.

Counterfeit Parts To prevent the supply of counterfeit parts, the supplier shall ensure RPB has the full traceability of the sources used for the procurement of materials and

Periodic Surveillance and documentation requests from RPB components, and the availability of the related documentation chain.

Limited Life Materials Residual life Unless otherwise requested in the PO, limited life materials shall have, upon receipt in RPB, a residual life of not less than 80% of the useful life indicated by the manufacturer.

Manufacturing and Expiry Date In the case of limited life materials, the manufacturing date and the expiry date shall be indicated on the product or on the packaging of each individual item.

Each shipment delivery will be assessed for adherence to the requirements of the Limited Life Materials. The shipment is considered complete and compliant only if, in addition to the material, the required Certificate of Conformity has also been delivered and accepted by RPB.

Acceptance of the Supply

The supplier will conduct final tests to certify the conformity of the supply to the Delivery Order requirements.

Following the delivery of the products, the supply will undergo RPB’s acceptance testing according to criteria which, on request, can be notified to the supplier.

The supply is considered complete and compliant only if, in addition to the material, any required documentation has also been delivered and accepted by RPB.

Reporting Of Faulty Products

The supplier shall notify RPB, within 30 days of discovery of any defects found on products already delivered previously. The requirement applies to all possible defects detected by the manufacturer, the distributor (if different from the manufacturer), or other users of the same product.

RPB will track defect notifications received from the supplier and provide defect notifications discovered after delivery to the suppler.

Specific Requirements for Electrical And Electronic Components

Date of shipment:

Unless otherwise indicated in the PO, less than 1 year shall have elapsed between the manufacturing date and the shipping date.

Obsolescence:

For electrical / electronic components that have entered the obsolescence phase, it is required that this status be declared together with the production end date.

RPB will assess the Certificate of Conformity to compare the manufacturing date to the shipping date. RPB will assess any Obsolescence documentation to determine compliance with this section.

Requirements for the distributor This paragraph applies only if the supplier is a distributor and does not coincide with the manufacturer of the product supplied.

Original products:

The products supplied shall be original and shall not be subject to alteration or modification respect to those made by the manufacturer.

Following the delivery of the products, the supply will undergo RPB’s acceptance testing according to criteria which, on request, can be notified to the supplier.

The supply is considered complete and compliant only if, in addition to the material and any required documentation, RPB has determined that the products have not been subject to alterations or modification with respect to those made by the manufacturer.

Section F - Deliveries or Performance

F-006 - PERIOD OF PERFORMANCE

The period of performance for this contract shall include a base year and four one-year option periods as follows:

- Base year – September 1, 2022 (or Date of Award) to August 31, 2023

- Option year 1 –September 1, 2023 to August 31, 2024

- Option year 2 – September 1, 2024 to August 31, 2025

- Option year 3 - September 1, 2025 to August 31, 2026

- Option year 4 - September 1, 2026 to August 31, 2027

(end of clause)

F-009 - PLACE OF DELIVERY

Delivery of supplies under this contract shall be made as follows:

a) Most orders will be delivered to Radio Programs Branch, 7955 Angus Court, SA-7C, Springfield VA 22153

b) Other orders will be delivered to overseas Posts. The ship to address will be included on page 1 of the order (Box 6 a-f) and in Clause F-009 of the order.

F-019 - Replacement Parts Availability

The Contractor guarantees that replacement parts for equipment in this contract will be available for the system life of the equipment. The Contractor shall notify the Government in writing 180 days before the end of the system's life as to the continuing availability of parts subsequent to this period. If parts will not be available from the Contractor, then the Government may require the Contractor to furnish any available data to assist the Government to obtain such parts from another source.

Section G - Contract Administration Data

652.242-70 - CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR will be designated at the time of Award.

(End of clause)

G-001 - ORDERING PROCEDURES

(a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue delivery orders or task orders hereunder:

Department of State Contracting Officer

(b) Orders placed under this contract shall contain the following information:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Security clearance level(s), applicable to the order, if any; and

(9) Any other pertinent information.

(c) Issuance of orders by facsimile is authorized in accordance with FAR 52.216-18 "ORDERING."

(end of clause)

G-002 - CONTRACT ADMINISTRATION DATA

Contracting Officer: Michael Dickson E-mail:DicksonMS@state.gov

Contract Administrator: Andrew Rothstein E-mail:RothsteinAT@state.gov

Contracting Officers Representative: Sean Clinton ClintonSL@state.gov

Program Manager: Brent Kimball KimballBW@state.gov

First Class Mailing:

U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219

Courier or Hand Delivery: U.S. Department of State Office of Acquisition Management 4th Floor 1735 N. Lynn Street Arlington, Virginia 22209

G-005 - Advertising and Marketing

The contractor shall not allow the names, phone numbers, etc. of Government employees involved in the contract/orders to be used for publicity or advertising purposes. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, and/or film concerning any aspect of the work performed under the contract/orders shall be published or dissemenated through any media without the prior written authorization of the Contracting Officer.

(End of Clause)

INV-IPP - ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS AND INSTRUCTIONS TO IMPLEMENT

USAGE OF THE INVOICE PROCESSING PLATFORM (IPP).

(a) Definitions. As used in these instructions

(1)”Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Payment documentation and process” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of these instructions, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP) at www.ipp.gov. Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with the IPP application can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866)973-3131. The Contractor shall ensure that its supporting documentation conforms to IPP requirements. IPP accommodates up to 25 supporting attachments per invoice, individual attachment file size may not exceed ten megabytes (10mb). If the Contractor assesses that their supporting documentation will not reasonably conform to IPP requirements, the Contractor shall contact the Contracting Officer to explore possible alternatives. In addition, the IPP only allows certain characters to be used as the invoice number. The invoice number shall conform to the IPP convention and the attachments (if used) shall match exactly the invoice number allowed. The allowed characters in the IPP are “abcdefghijklmnopqrstuvwxyzABCDEFGHIJKLMNOPQRSTUVWXYZ0123456789-_”

(c) If the Contractor wishes to be paid via a foreign bank account, the contractor must properly fill out form GFS-FO-CLM-089 and attach it to each invoice in the IPP where payment to a foreign bank account is requested. The form can obtained by e-mailing CGFSIPPITSForm@state.gov.

(d) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(e) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

[End of instructions]

Section H - Special Contract Requirements

H-001 - CONTRACTOR COMMITMENTS, WARRANTIES, AND REPRESENTATIONS

Any written commitment by the Contractor within the scope of this contract shall be binding upon the Contractor. For the purpose of this clause, a written commitment by the Contractor is limited to the proposal submitted by the Contractor, and to specific written modifications to the proposal. Written commitments by the Contractor are further defined as including:

- Any warranty or representation made by the Contractor in a proposal as to hardware or software performance; total systems performance; and other physical, design, or functional characteristics of equipment, software package or system, or installation date;

- Any warranty or representation made by the Contractor concerning the characteristics or items described in (1) above, made in any publications, drawings, or specifications accompanying or referred to in a proposal; and

- Any modification of or affirmation or representation as to the above which is made by the Contractor in or during the course of negotiations, whether or not incorporated into a formal amendment to the proposal.

H-020 - SAFEGUARDING INFORMATION

The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.

(end of clause)

H-021 - Software Bill of Materials and Supply Chain Risk Management - Threat Reporting

The contractor is required to notify DOS of any system vulnerabilities or attacks to its supply chain and Software Bill of Materials (SBOM) immediately. The contractor in coordination with its OEM shall within three days provide DOS a report using a Vulnerability Exploitability eXchange (VEX). VEX allows the contractor to assert the status of specific vulnerabilities in a particular product allowing the contractor and DOS to focus on vulnerabilities that pose the most immediate risk, while not investing time in searching for or patching vulnerabilities that are not exploitable and therefore have no impact.

H-024 - NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

(end of clause)

H-025 - TECHNICAL DIRECTION

(a) Performance of the work hereunder shall be subject to technical instructions, whether oral or written, issued by the Contracting Officer's Representative specified in SECTION G of this contract. As used herein, technical instructions are defined to include the following:

(1) Directions to the Contractor which suggest pursuit of certain lines of inquiry, change work emphasis, fill in details or otherwise serve to assist in the Contractor's accomplishment of the Statement of Work.

(2) Guidance to the Contractor which assists in the interpretation of drawings, specifications or technical portions of work description.

(b) Technical instructions must be within the general scope of work stated in the contract. Technical instructions may not be used to:

(1) assign additional work under the contract;

(2) direct a change as defined in the "Changes" clause of this contract;

(3) increase or decrease the contract price or estimated contract amount (including fee), as applicable, the level of effort, or the time required for contract performance; or

(4) change any of the terms, conditions or specifications of the contract.

(c) If, in the opinion of the Contractor, any technical instruction calls for effort outside the scope of the contract or is inconsistent with this requirement, the Contractor shall notify the Contracting Officer in writing within ten working days after the receipt of any such instruction. The Contractor shall not proceed with the work affected by the technical instruction unless and until the Contractor is notified by the Contracting Officer that the technical instruction is within the scope of this contract.

(d) Nothing in the foregoing paragraph shall be construed to excuse the Contractor from performing that portion of the contractual work statement which is not affected by the disputed technical instruction.

(end of clause)

H-027 - WARRANTY

At a minimum, the Contractor shall warrant supplies provided under this contract in accordance with the Warranty Clause in SECTION I of this contract. To the extent that the manufacturer's warranty for these items exceeds the requirements of this clause, the manufacturer's warranty shall apply; and a copy of the warranty shall be attached to this contract at SECTION J. This warranty shall in no way impair or diminish the rights of the Government under any other clause of this contract.

(end of clause)

H-032 - ORGANIZATIONAL CONFLICT OF INTEREST - General

(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.

(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.

(end of clause)

H-037 - Technology Refresh

At any time during the life of the contract the contractor may inform the Government of new technological updates or advances. The Contractor shall provide 60 days-notice of technical changes, such as new model numbers for existing products, products going out of service, product enhancements, and new products. This includes radio software and firmware upgrades.

- The contractor shall provide the following information

1. Model number and name of retired product (if applicable)

2. New model number and name of new product - (indicate if this is replacing the old product or a new product)

3. Price of new product – indicate if this is a price reduction

4. Enhanced features and functions of the replacement product or

5. Features and functions of the new product

6. Expected date of availability

7. Product documentation

- The Government will provide a response to indicate acceptance or rejection of the new product(s) within 30 days of receiving the new product information from the contractor.

1. The contractor shall provide the new equipment and/or software/firmware for upon request by the Government for testing and evaluation at no cost.

2. The Government will evaluate the new products and inform the contractor of its acceptance or non-acceptance within 60 days of receipt of the evaluation items.

3. The Government will incorporate the new products and prices and remove the old products from the contract by contract modification within 30 days of acceptance.

(End of Clause)

Section I - Contract Clauses

Clause Title Fill-ins

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May

2011)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021)

52.216-22 Indefinite Quantity (Oct 1995)

52.232-36 Payment by Third Party (May 2014)

652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)

652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS

AMENDED (AUG 1999)

652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS

WITHIN THE UNITED STATES (JUL 1988)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(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 products or commercial services.

(End of clause)

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

(a) Definitions. As used in this clause-- "Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2022)

(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 and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.