19AQMM24R0004-Avaya Domestic Maintenance.pdf

19AQMM24R0004

SOLICITATION, OFFER, AND AWARD

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

700)

RATING

2. CONTRACT NUMBER 3. SOLICITATION NUMBER

19AQMM24R0004 SEALED BID (IFB)

X NEGOTIATED (RFP)

4. TYPE OF SOLICITATION 5. DATE ISSUED

12/06/2023

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 ____ 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 __01/12/2024__

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)

Sonja L Scott (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

Line Item Summary

Solicitation Number:

19AQMM24R0004

Contract Number: Title: Avaya Domestic Maintenance

Date of Solicitation:

12/01/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Avaya Onsite Maintenance - Base Year Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2024 to 03/31/2025

0.00 EA $0.00 $0.00

BASE PERIOD

002 Avaya Onsite Maintenance - Option Year 1 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2025 to 03/31/2026

0.00 EA $0.00 $0.00

003 Avaya Onsite Maintenance - Option Year 2 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2026 to 03/31/2027

0.00 EA $0.00 $0.00

004 Avaya Onsite Maintenance - Option Year 3 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2027 to 03/31/2028

0.00 EA $0.00 $0.00

005 Avaya Onsite Maintenance - Option Year 4 Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2028 to 03/31/2029

0.00 EA $0.00 $0.00

006 Service Requests - TBD Type of Contract Pricing: OTH

Doc Ref No:

Delivery Date (Start to End) Date FOB:

04/01/2024 to 03/31/2029

0.00 EA $0.00 $0.00

BASE PERIOD

Clause Title Fill-ins

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

Services (Nov 2021)

52.232-36 Payment by Third Party (May 2014)

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

AMENDED (AUG 1999)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE

LEAVE (FEB 2015)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 NOTICES (AUG 1999)

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov

2021)

B-001 - Background

The Department of State (DOS) Bureau of Information Resources Management (IRM) requires effective, reliable, and secure telecommunications capabilities and services to meet worldwide operational mission requirements. Specifically, the Department’s Telecommunication, Wireless, and Data Division (TWD) is responsible for maintaining the network and all related telecommunication systems and components in all domestic locations. Avaya manufactures the telecommunication systems and components that TWD deploys. TWD requires an Avaya Platinum Certified service provider to maintain DOS’s telecommunication systems and components and local labor support in all DOS locations and to respond to various incidents and service requests within predetermined service level parameters.

DOS owns and maintains Avaya Telephone systems in approximately 100 domestic locations. Effective and reliable telephone communications are vital to the conduct of the Department’s mission to protect and promote U.S. security, prosperity, and democratic values and shape an international environment in which all Americans can thrive. Therefore, the maintenance and repair of telephone systems is a mission critical requirement. The Department needs a reliable contractor to provide on-site maintenance and repair support that can meet its service level requirements to ensure minimal to no loss to telephone communication capabilities.

In addition, the contractor shall complete service requests via task orders issued by the Department to ensure fully functioning telecommunications systems at domestic locations.

B-002 - Type of Contract

This is an Indefinite Delivery-Indefinite Quantity (IDIQ) type contract. Work on this contract shall commence through the issuance of individual delivery orders/task orders. The Department will issue the following types of task/delivery orders:

1) Avaya Onsite Maintenance - The Department will issue a firm-fixed price task order for each year that it requires onsite maintenance of Avaya Systems. The Department will incrementally fund these task orders on a quarterly basis.

2) Service Requests - The Department will issue individual task orders when it requires the contractor to fulfill a service request. The contract type(s) for an individual task order will be one or a combination identified in FAR part 16 (Types of Contracts), depending on one or more of the factors identified in FAR 16.104 (Factors in Selecting Contract Types). To the extent practicable, (insert) shall be awarded on a fixed-price basis. Service requests include but are not limited to Uninterruptible Power Source (UPS) replacement, UPS battery replacement, cable removal, cable repair, cable installation, repair and upgrade of paging systems, call management system software upgrades, and repair and replacement of fiber optic cable to maintain aging telecommunications systems and infrastructure at Domestic sites as described in the Statement of Objectives.

All task orders shall be performance based to the extent practicable. Performance measures shall be defined at the task order level.

U.S. Department of State warranted Contracting Officer(s) are the only individuals authorized to issue delivery orders/task orders under this contract.

(end of clause)

B-003 - Contract Minimums and Maximums

The minimum of this contract is the agreed upon price for on-site support for the first quarter of the contract's base year at the time of contract award.

The maximum value (ceiling) of this contract is $45,000,000 for the base year and the four one-year option periods.

The Contractor shall not exceed the ceiling price of this contract.

(end of clause)

B-005 - Travel Costs

(a) Travel under this contract must be specifically authorized by the COR.

(b) Travel under this contract is defined as Contractor air and ground transportation, lodging, meals and incidental expenses.

(c) Except as otherwise provided herein, the Contractor shall be paid its allowable travel costs in accordance with FAR 31.205-46 (Travel Costs).

(d) Travel costs are authorized for travel beyond a 50-miles’ radius of the Contractor employee’s local place of performance (official duty station) whenever work is required to be accomplished at a remote work site.

(e) Costs when using a privately owned vehicle (POV) for official travel is limited to transportation to and from the airport and are allowable provided that such costs do not exceed costs that would have resulted from use of other reasonable transportation methods (e.g., taxi, airplane, train). Reasonable associated costs, such as tolls and parking fees, are also generally allowable.

(f) When traveling in a POV for official travel, the Contractor shall be paid mileage costs at a rate that does not exceed the POV mileage rate established by the Internal Revenue Service.

(g) The Government will pay the Contractor, under the applicable labor category for each Contractor employee’s travel time to or from authorized work locations as long as the following are met:

1) Payment of travel time described herein does not conflict with the Contractor’s established travel policy.

2) Travel time begins no earlier than two (2) hours prior to the scheduled departure time and concludes upon arrival to the initial destination point (e.g., airport) at the place of performance.

3) The Government will not pay for a contractor employee’s time spent in layovers that are for the convenience of the Contractor employee or Contractor.

4) The Government will not pay more than eight (8) hours per day per Contractor employee for travel time.

5) The Government will not pay for a contractor employee’s travel time that is outside the employee’s regular working hours.

6) The Government will not pay for a contractor employee more than the number of hours in the employee’s normal workweek. “Number of hours” includes productive time hours, travel time hours, and paid time off hours (e.g., sick, vacation, holiday). “Productive time hours” consist of hours that, other than travel time hours, directly benefit the contract. Exceptions must be authorized in advance and in writing by the Contracting Officer.

(h) The Contractor shall include a breakout of all authorized travel expenses as an attachment to its invoices.

(i) Administrative support (coordination of travel arrangements, etc.) is the responsibility of the Contractor.

(j) For travel where use of a personal automobile has been specifically authorized by the COR, reimbursement shall be computed on the basis of actual miles traveled from stat starting point to destination. Other related miscellaneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this contract, will be reimbursed. Car rentals require advance approval by the COR and will be authorized only when consistent with good business practice. Allowable costs shall not exceed the actual cost of renting a compact automobile (a maximum of one for four Contractor personnel), unless extenuating circumstances (e.g., excess baggage) require other arrangements and subsequent COR approval is obtained.

(k) The Government will reimburse the Contractor for Contractor employee's travel time to or from other authorized work locations during the employee's regular working hours. The Contractor will not be reimbursed for time spent in stand down or temporary layover except as authorized by the Federal Travel Regulations.

(l) The contractor shall provide receipt for all expenses incurred equal to or greater than $75.00 US

C-001 - Statement of Objectives

See Attachment 1-Avaya Maintenance for Domestic Locations - Statment of Objectives

E-001 - Performance Evaluations

The Government reserves the right, at all reasonable times, and upon reasonable notice to the contractor and subcontractor, to inspect or otherwise evaluate the work performed at the location where the contractor or subcontractor performs it. The Contractor shall provide all reasonable facilities and assistance for the safety and convenience of the Government’s representatives in the performance of their duties when any inspection or evaluation takes place at the Contractor’s, or a Subcontractor’s premises. Government representatives will perform all inspections and evaluations in such a manner as will not delay work. The Government will endeavor to conduct all audits, inspection and evaluations in accordance with the highest levels of established professional auditing practices and standards. If the Government prepares a written report of such inspection or evaluation that includes deficiencies or proposed corrective actions for the contractor, or subcontractor, the Government will furnish a copy of those deficiencies and/or proposed corrective actions contractor. The contractor shall discuss any corrective action proposed because of such inspection(s) with the Government prior to implementation. Reports of the Contractor’s performance shall be placed in the contract file and will be subject to release to the public.

The Government representatives also include agents i.e., Independent Verification and Validation contractors.

The Contractor agrees that such reports, deficiencies, or proposed corrective action may be released to the public without objections.

(End of Clause)

E-002 - Performance Measures and Metrics

The Contractor shall adhere to the performance measures and metrics defined in Attachment 1-Avaya Maintenance for Domestic Locations - Statment of Objectives (see Clause C-001) and the reporting and evaluation requirements described in the Avaya Services Support Guide.

The Government will define additional performance measures at the task order level.

(End of Clause)

E-004 - INSPECTION AND ACCEPTANCE (Services)

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.

F-006 - PERIOD OF PERFORMANCE

The period of performance of this IDIQ contract is as follows:

Base Year - April 1, 2024 to March 31, 2025 Option Year 1 - April 1, 2025 to March 31, 2026 Option Year 2 - April 1, 2026 to March 31, 2027 Option Year 3 - April 1, 2027 to March 31, 2028 Option Year 4 - April 1, 2028 to March 31, 2029

F-007 - PLACE OF PERFORMANCE

The contractor shall perform work at domoestic locations listed in the attached spreadsheet, Attachment-2-Support Locations-Prices.

Cleared personnel will escort the contractor when on-site at Governement locations unless the contract is modified to add additional security requirements.

The contractor may also be required to attend meetings at State Annex-09 American Red Cross Building 2025 E Street, N.W.

Washington, DC 20006 Meetings will be scheduled in advance. Cleared personnel will escort the contractor during any meetings.

652.239-800 - Cybersecurity Supply Chain Risk Management Requirements

CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT REQUIREMENTS (AUG 2023)

(a) Definitions. As used in this clause:

Covered article - The term "covered article" includes-

(1) "Information and Communications technology" which is an industry term for information technology that is involved in integrating telecommunications (e.g., telephone lines and wireless signals) and computers to enable users to access, store, manipulate, transmit, and receive digital information. This includes software, software as a service, digital and data services, and hardware components that support information creation, storage, transfer, and management, like computers and smartphones.

(2) "Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).

(3) "Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(4) “Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.

(5) “Incident,” which means, per the Federal Information Security Modernization Act of 2014, “an occurrence that (A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or (B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.”

(6) "Vulnerability,” means any weakness in an information system, system security procedures, internal controls, or implementation that could be exploited or triggered by a threat source.

(b) Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The Contractor must regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services to the Government. The Contractor shall maintain artifacts (i.e., any byproduct of hardware or software development that helps describe the architecture, design, and function of that hardware or software) that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request, which may be redacted to remove sensitive proprietary information.

(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. No more than an estimated once per year, the Contractor must provide any requested information related to its supply chain within 10 business days except information that is protected by a non-disclosure agreement with its customers (e.g., another federal agency).

(d) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.

(e) Notification procedures for cybersecurity supply chain incidents. When an incident occurs, the Contractor must contact the CO or their designee within 72 hours of the incident.

(f) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.

(g) Attestation following Major Version Change. Critical Software, as defined by NIST Guidance, that is provided by the Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major Minor.Patch, the software version number goes from 2.5 to 3.0) requires a new self-attestation. For indefinite delivery contract vehicles, this self-attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change.

The Contractor shall either (i) post the new attestation in a publicly available internet location within 14 days of the major version change and provide the Contracting Officer’s Representative (COR), or CO if a COR is not appointed, with the internet link or shall contact the COR, or CO if a COR is not appointed, and request the agency’s current software self-attestation form and submit it to the Government within 15 days of the major version change. The self-attestation form must contain the following elements: (i) the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and (iii) a statement attesting that the software producer follows secure development practices and tasks consistent with NIST Guidance.

(End of clause)

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 is [insert job title of COR] .

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-003 - Contract Administration Data

Contracting Officer: Sonja Scott E:mail: ScottSL@state.gov

Contract Administrator: Andrew Rothsten E:mail: RothsteinAT@state.gov

Contracting Officer's Representative (COR): Logan Liskovec E:mail: LiskovecLZ@state.gov

First Class Mailing:

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

(end of clause)

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]

H-007 - INSURANCE REQUIREMENTS

In accordance with FAR 52.228-5 "INSURANCE--WORK ON A GOVERNMENT INSTALLATION," the Contractor shall, at no additional expense to this contract, provide and maintain, in addition to any other insurance coverage required elsewhere in this contract, the following types of insurance in the amounts specified. Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing, that at least the kinds and minimum amounts of insurance required below have been obtained.

(a) Workers' Compensation and Employer's Liability--The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability--The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form policy of at least $500,000 per occurrence.

(c) Automobile Liability--The Contractor shall provide automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(d) Aircraft Public and Passenger Liability--When aircraft are used in connection with performing the contract, the Contractor shall provide aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per occurrence for property damage. Coverage of passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel Liability--When contract performance involves use of vessels, the Contractor shall provide vessel collision liability and protection and indemnity liability insurance.

H-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 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.

(end of clause)

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-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.

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.

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.

H-043 - Cybersecurity Supply Chain Risk Management Requirements (FEB 2023)

(a)Definitions. As used in this clause:

Covered article - The term "covered article" includes-

(1)"Information and Communications technology" which means-

(i) any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use of that equipment, or of that equipment to a significant extent in the performance of a service or the furnishing of a product.

(ii)computers, ancillary equipment (including imaging peripherals, input, output, andstorage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; however, does not include any equipment acquired by a federal contractor incidental to a federal contract.

(2)"Telecommunications Equipment", which means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades).

(3)"Telecommunications Service", which means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

(4)“Cybersecurity Supply Chain Risk”, which means the risk that a person may sabotage, maliciously introduce unwanted function, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted on the covered articles.

(b)Contractor Cybersecurity Supply Chain Risk Management Responsibilities. The Contractor shall take all prudent actions and comply with all Government direction (as identified in paragraph (c)) to regularly identify, assess, monitor, and mitigate cybersecurity supply chain risks when providing covered articles or services affecting covered articles to the Government.

The Contractor shall maintain artifacts that document its compliance with this paragraph and shall provide these artifacts to the Government within 48 hours of request.

(c) Supporting Government Cybersecurity Supply Chain Risk Assessments. The Government may perform a cybersecurity supply chain risk assessment at any time during contract administration to identity, assess, and monitor the cyber risks of the Contractor’s supply chain. The Contractor agrees that the Government may, at its own discretion, perform on-site assessments to collect information for the cybersecurity supply chain risk assessment.

In performing the cybersecurity supply chain risk assessment, the Government may review any information provided by the Contractor, along with any other information available to the Government from public, unclassified, classified, or any other sources. Examples of information that the Government may collect for the cybersecurity supply chain risk assessment includes the following:

1. Functionality and features of covered articles, including access to data and information system privileges.

2. The user environment where a covered article is used or installed.

3. The ability of a source to produce and deliver covered articles as expected.

4. Foreign control of, or influence over, a source or covered article (e.g., foreign ownership, personal and professional ties between a source and any foreign entity or legal regime of any foreign country in which a source is headquartered or conducts operations).

5. Implications to Government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article.

6. Vulnerability of Federal systems, programs, or facilities.

7. Market alternatives to the covered source.

8. Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization’s operations or mission.

9. Likelihood of a potential impact or harm, or the exploitability of a system.

10. Security standards of the supplier as demonstrated by cooperation with assessments.

11. Security, authenticity, and integrity of covered articles and their supply and compilation chain.

12. Capacity to mitigate risks identified.

13. Factors that could lead to inability of the supplier to provide security updates.

14. Factors that may reflect upon the reliability of other supply chain risk information.

15. Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.

(d) Non-Destructive and Destructive Testing. The Government may engage in non-destructive and/or destructive testing of any information system, equipment, and software to determine whether it will negatively affect the security or performance of a Department of State information system.

(e) Novation Agreement Notice. FAR 42.1203 require Government approval of novation agreements. For proposed novation agreements for this contract, the Contractor shall provide any information requested by the Government regarding the proposed successor’s identity and information regarding its supply chain.

(f) Software Bill of Materials (SBOM) Requests. For software, within 10 business days of request by a Department of State representative, the Contractor shall submit a SBOM to a designated representative. This request may be requested on one (1) or more occasions and shall be delivered at no increase in contract price.

(g) SBOM Sharing Notice. The Contractor consents to the sharing of its SBOM data with other contractors, such as tool solution providers, for the sole purpose of mapping against known vulnerabilities.

(h) Notification procedures for cybersecurity supply chain events. When cybersecurity supply chain events occur, the Contractor must contact the Contracting Officer or his/her designee within 12 hours of the event.

(i) Subcontracts. The Contractor shall insert the substance of this clause in all subcontracts and other contractual instruments in support of this contract.

(j) Vulnerability Exploitability eXchange (VEX). The Contractor is required to notify the Department of any discovered software vulnerabilities within 12 hours. Within three (3) days, they shall provide a report using a VEX format.

(k) Attestation following Major Version Change. Critical Software, as defined by National Institute for Science and Technology (NIST) Guidance, that is provided by the Contractor or subcontractors and is modified during the contract’s period of performance by a major version change (e.g., using a semantic versioning schema of Major. Minor. Patch, the software version number goes from 2.5 to 3.0) requires a new self attestation. For indefinite delivery contract vehicles, this self attestation must be provided for all critical software available for ordering on the contract vehicle when the software is modified during the contract vehicle’s ordering period of performance by a major version change. The Contractor shall either (i) post the new attestation in a publicly available internet location within 15 days of the major version change and provide the COR, or Contracting Officer if a COR is not appointed, with the internet link or (ii) shall contact the COR, or Contracting Officer if a COR is not appointed, and request the agency’s current software self attestation form and submit it to the Government within 15 days of the major version change. The self attestation form will contain the following elements:

the software producer's name; (ii) a description of which product or products the statement refers to including the number of the major version change; and (iii) a statement attesting that the software producer follows secure development practices and tasks consistent with NIST Guidance.

H-050 - Quarterly Invoicing

The contractor shall invoice for maintenance and licenses provided under the contract on a quarterly basis. Each quarterly invoice shall be based on the inventory of systems and subscriptions 30-days prior to processing the invoice and in accordance with clauses H-051 and H-052. The contractor shall provide an inventory of licesnes and systems to the Government 15 days before submitting the invoice to enable reconcillation of the inventory.

(End of Clause)

H-051 - Subscription Based Licenses

The contractor shall ensure that all licenses are subscription based under Avaya’s OneCloudTM Subscription.

Licenses shall not be perpetual.

(End of Clause)

H-052 - Decommissioning of Systems and Subscriptions

Decomissionin of an Avaya phone system means removing the hardware items and software licenses (subscriptions) from service for a specific facility. Once decommisioned, the Department will no longer pay for maintenance or software licesne subscriptions.

The Department may task the contractor to decommission Avaya Phone systems. The Department will issue a task order against the IDIQ contract for the decommisioning work and provide the date that the decommisioning must be complete.

The Government shall complete and submit a Department of State Decommission Form (Attachment 5) for each system. license or phone that is being decommissioned (removed from service).

For each form received 30 days prior to of the end of each quarter, the contractor shall update their records and remove the maintenance cost of the decommissioned systems and subscriptions from the invoice for the next quarter.

The contractor shall also provide a credit on the next quarter’s invoice for the days that the systems and subscriptions were not used during the current quarter.

For forms received after the 30 day cut-off, the contractor shall update their records and remove the maintenance cost of the decommissioned systems and subscriptions from the invoice for the quarter following the next quarter (e.g. forms received after the 30 day cut-off for the first quarter will be processed in the third quarter). The contractor shall also apply all credits for the days that the systems and subscriptions were not used.

Within 90 days of the decommissioning of all systems and subscriptions, the contractor shall reimburse the Government for all unused system maintenance and subscriptions. The contractor shall also provide the Government with a report that lists all systems and subscriptions decommissioned in the final quarter with the unused system maintenance and subscriptions amounts to support the reimbursement amount.

(End of Clause)

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…