Continuation_to_SF-1449.doc

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 Cover Sheet

· Continuation To SF-1449, RFQ Number 19BA3019Q0008

· Continuation To SF-1449, RFQ Number 19BA3019Q0008 Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 to Description/Specifications/Statement of Work, Government Furnished Property

Section 2 - Contract Clauses

· Contract Clauses

· Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12 Section 3 - Solicitation Provisions

· Solicitation Provisions

· Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12 Section 4 - Evaluation Factors

· Evaluation Factors

· Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12 Section 5 - Offeror Representations and Certifications

· Offeror Representations and Certifications

· Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449, RFQ NUMBER 19BA3019Q0008

PRICES BLOCK 23

I.

Scope of Services The Contractor shall complete all work, including furnishing all labor, material, equipment, and services, unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price listed below shall include all labor, materials, overhead, and profit. In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm fixed-price for all services.

II.

Base Period The contract will be for a one-year period from the date of the contract award and a notice to proceed with four option years.

1.

The Contractor shall furnish all engineering, labor, tools, equipment, materials, supplies and services to provide the required circuit as specified under Section 1, hereof:

2.

Prices. In consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid a firm fixed-price (FFP) per month as stated in the schedule below in Bahrain Dinars.

2.1 VALUE ADDED TAX

VAT VERSION A

VALUE ADDED TAX. Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices.

2.2.

The firm fixed-prices are in Bahrain Dinars

BASE YEAR CONTRACT

Total Firm-Fixed Price

One (1) dedicated Internet channel at minimum 102,400 Kbps (100Mbps) providing fault tolerance in the last mile.

Sub-Total

Plus VAT (if applicable)

Grand Total for Base Year

FIRST OPTION YEAR OF THE CONTRACT

Total Firm-Fixed Price

One (1) dedicated Internet channel at minimum 102,400 Kbps (100Mbps) providing fault tolerance in the last mile.

Sub-Total

Plus VAT (if applicable)

Grand Total for OPTION Year 1

SECOND OPTION YEAR OF THE CONTRACT

Total Firm-Fixed Price

One (1) dedicated Internet channel at minimum 102,400 Kbps (100Mbps) providing fault tolerance in the last mile.

Sub-Total

Plus VAT (if applicable)

Grand Total for OPTION Year 2

THIRD OPTION YEAR OF THE CONTRACT

Total Firm-Fixed Price

One (1) dedicated Internet channel at minimum 102,400 Kbps (100Mbps) providing fault tolerance in the last mile.

Sub-Total

Plus VAT (if applicable)

Grand Total for OPTION Year 3

FOURTH OPTION YEAR OF THE CONTRACT

Total Firm-Fixed Price

One (1) dedicated Internet channel at minimum 102,400 Kbps (100Mbps) providing fault tolerance in the last mile.

Sub-Total

Plus VAT (if applicable)

Grand Total for OPTION Year 4

Grand Total Contract Price, Including all Option Years

Base Period Total Price

First Option Year Total Price

Second Option Year Total Price

Third Option Year Total Price

Fourth Option Year Total Price

Grand Total Firm-Fixed Price for Base Year plus all Option Years

CONTINUATION TO SF-1449, RFQ NUMBER 19BA3019Q0008

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I.

Scope of Work The purpose of this firm fixed price purchase order is to obtain Internet Services, and Circuitry for the U.S. Embassy Manama, Bahrain

The local Telecommunication’s Internet Service Provider (ISP) contracting firm must provide internet services and dedicated leased line channels and circuitry for connecting American Embassy data links as shown below in this technical paper.

This is the list of required services:

1. SERVICE: OpenNet (VPN)

The provided Internet Service shall comply with the following requirements:

A. Internet Services Quality

1. /28 subnet static Public IP addresses for VPN equipment, network mask, and default gateway IP address.

2. ISP availability: "Always on"

3. ISP connection must NOT, repeat NOT, use Network Address Translation (NAT).

4. ISP must permit all IP protocols (including but not limited to UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking.

5. ISP must permit installation of Customer VPN encryption devices on circuit.

6. ISP must permit ping and trace route traffic from 169.252.0.0/16 and 169.253.0.0/16 to the ISP connection (RJ45 10/100BaseT router interface which terminates Customer VPN encryption device).

7. Latency <=200ms. If ISP cannot meet this, then state best sustained latency threshold.

8. Packet loss<= .5%. If ISP cannot meet this, then state best sustained threshold.

9. Microwave for last mile redundancy is allowed permitted equipment is located on customer premises. ISP must provide detailed information on transition mechanism in case of failover. Quality of service (no packet drop) while on backup should remain the same.

B. Network Devices

The network devices shall comply with the following characteristics:

1. Internet Service Provider (ISP) must provide routers and data media converters or transmission devices in all cases.

2. Power standard sources must be 220v or dual voltage (110v/60hz to 220v/50hz)

3. Devices must be rack mountable in a standard Commercial off-the-shelf (COTS) rack.

4. Cisco brand products must be used.

5. ISP interface connectors: RJ-45 with 10/100BaseT interface

C. Service Support and Contingencies

1. The awarded ISP must warrant service support 7X24X365.

2. The vendor must warrant service support on site if necessary 7X24X365, services must be coordinated directly with Embassy’s Contracting Office Representative (COR) or Information Technology (IT) representative from the Embassy Information Systems Center (ISC).

3. Expected service availability and reliability must be at minimum 99.9%.

4. The Contractor shall install a redundant cable or Fiber Optic infrastructure known as backup line with channel state inspection mechanism, in order to verify service connectivity and provide immediate lease line backup connectivity services to the Embassy.

5. The awarded ISP must provide online web access data traffic analysis graphs capabilities. Graphs must be updated on a daily basis. Graphs must retain traffic history behavior for at least one year.

6. The awarded ISP must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process.

2. SERVICE: DIN - EMBASSY

Type of

Service:

Dedicated Internet Channel

All provided Internet Services and data point-to-point connections must comply with the following requirements (except when specified):

A. Internet Services Quality

· ISP must provide an “always on” connection.

· Internet Service Provider (ISP) connection must provide a block of two (2) static IP addresses on a single subnet.

B. Network Devices

1. Internet Service Provider (ISP) must provide routers and data media converters or transmission devices in all cases.

2. Power standard sources must be 220v or dual voltage (110v/60hz to 220v/50hz)

3. Devices must be rack mountable in a standard Commercial off-the-shelf (COTS) rack.

4. Cisco brand products must be used.

5. ISP interface connectors: RJ-45 with 10/100BaseT interface

C. Service Support and Contingencies

1. The awarded ISP must warrant service support 7X24X365.

2. The vendor must warrant service support on site if necessary 7X24X365, services must be coordinated directly with Embassy’s Contracting Office Representative (COR) or Information Technology (IT) representative from the Embassy Information Systems Center (ISC).

3. Expected service availability and reliability must be at minimum 99.97%.

4. The awarded vendor must install a redundant cable or Fiber Optic infrastructure known as backup line with channel state inspection mechanism, in order to verify service connectivity and provide immediate lease line backup connectivity services to the Embassy.

5. The awarded ISP must provide on line web access data traffic analysis graphs capabilities. Graphs must be updated on a daily basis. Graphs must retain traffic history behavior for at least one year.

6. The awarded ISP must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process.

3. INTERNET TRANSPORT SERVICE (ITS):

NAME:

ITS internet services at the U.S. Embassy in Manama

DESCRIPTION:

One (1) Dedicated Internet Channel at minimum 102,400 bps (100Mbps) providing fault tolerance in the last mile.

TYPE OF SERVICE:

Dedicated Internet Channel

LOCATION:

Bldg. 979, Road 3119, Block 331 Zinj, Manama, Bahrain

A. Internet Services Quality

1. /28 subnet static Public IP addresses for VPN equipment, network mask, and default gateway IP address.

2. ISP availability: "Always on"

3. ISP connection must NOT, repeat NOT, use Network Address Translation (NAT).

4. ISP must permit all IP protocols (including but not limited to UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without additional ISP firewall blocking.

5. ISP must permit installation of Customer VPN encryption devices on circuit.

6. ISP must permit ping and trace route traffic from 169.252.0.0/16 and 169.253.0.0/16 to the ISP connection (RJ45 10/100BaseT router interface which terminates Customer VPN encryption device).

7. Latency <=200ms. If ISP cannot meet this, then state best sustained latency threshold.

8. Packet loss<= 0.5% If ISP cannot meet this, then state best sustained threshold.

9. Microwave for last mile redundancy is allowed permitted equipment is located on customer premises. ISP must provide detailed information on transition mechanism in case of failover. Quality of service (no packet drop) while on backup should remain the same.

B. Network Devices

1. Internet Service Provider (ISP) must provide routers and data media converters or transmission devices in all cases.

2. Power standard sources must be 220v or dual voltage (110v/60hz to 220v/50hz)

3. Devices must be rack mountable in a standard Commercial off-the-shelf (COTS) rack.

4. Cisco brand products must be used.

5. ISP interface connectors: RJ-45 with 10/100BaseT interface

C. Service Support and Contingencies

1. The awarded ISP must warrant service support 7X24X365.

2. The vendor must warrant service support on site if necessary 7X24X365, services must be coordinated directly with Embassy’s Contracting Office Representative (COR) or Information Technology (IT) representative from the Embassy Information Systems Center (ISC).

3. Expected service availability and reliability must be at minimum 99.9%.

4. The awarded ISP must provide on-line web access data traffic analysis graphs capabilities. Graphs must be updated on a daily basis. Graphs must retain traffic history behavior for at least one year.

5. The awarded ISP must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process.

II. General:

A. The Department of State has a requirement for one full period, full duplex, clear channels, digital circuits and Internet leased lines capable of supporting synchronous traffic. For clear channel circuits, they shall be completely transparent, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment. The circuit shall be supplied for the transmission of a multiplexed aggregate bit stream for telegraphic and data signals.

B.

These digital services shall be via Optic Fiber. The service shall be for the exclusive use of the Department of State, 24-hours per day, 7 days per week, and 52 weeks per year.

C.

The Contractor shall coordinate the service and shall be responsible for the technical sufficiency of the circuit, including services necessary to establish, operate, and restore the circuit. Except for modems and terminal equipment furnished by the Government, the Contractor shall provide all equipment, materials, and supplies required to provide the service which includes the Data Service Unit (DSU) configured with Data Communications Equipment (DCE) interface. If required, signal element timing shall be provided by the Contractor’s facility.

D.

The Contractor shall provide sufficient technical support to ensure uninterrupted end-to-end service between such terminal points as are covered in this contract. The

Contractor shall provide, properly adjust, and maintain the circuit for continuous Department of State use. The Contractor shall ensure that the circuit complies with service changes, additions, or deletions as required under this contract.

E.

N/A - RESERVED

F.

The circuit shall be completely transparent to the 1.544 mbps data, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment. The circuit shall be supplied for the transmission of a multiplexed aggregate bit stream for telegraphic and data signals. All other characteristics will be in accordance with International Telegraph and Telephone Consultative Committee (CCITT) specifications.

G.

The Contractor shall supply a Data Service Unit(s) (DSUs) configured with a Data Communications Equipment (DCE) interface. Signal element timing shall be provided as follows: (1) timing to the American Embassy will be provided by the Contractor’s facility.

H.

N/A - RESERVED

I.

Microwave for last mile redundancy is allowed provided permitted equipment is located on customer premises. ISP must provide detailed information on transition mechanism in case of failover. Quality of service while on backup should remain the same.

J.

RESERVED

K.

Acceptable Level of Performance:

i) For Service number 1and 3 under Scope of Work: The Standard of Performance (SP) for this contract is 99.9% percent availability per month (100 percent less 0.1 percent each month for corrective and preventive maintenance)

ii) For Service number 2 under Scope of Work: The Standard of Performance (SP) for this contract is 99.97% percent availability per month (100 percent less 0.03 percent each month for corrective and preventive maintenance)

L.

Inspection and Acceptance. Unless specified in the Contract, the Government shall require a period not to exceed 24 hours in order to perform testing to determine acceptance of the required circuit under Section C. The U.S. destination point or the U.S. foreign post shall conduct the testing.

M.

Term of Contract: The required circuits shall be installed and delivered to the Destination Point on or before 60 days after Contract Award. Upon successful installation and acceptance by the Government of the required circuit under Section C, the Contractor shall be provided, in writing, notice to proceed and shall provide contractual services for a twelve (12) month period, commencing on the date specified in the notice to proceed.

N.

The Contractor agrees that the work and services set forth in this contract shall be performed during the period commencing the effective date of this contract and shall continue through the end of the twelve month period of service (CLIN 1 through 6), excluding the exercise of any option.

O.

Option CLINs, e.g. 0001 through 006, if exercised, as reflected in Section 1, shall be for Twelve (12) months each, commencing at the expiration of the previous period of performance or a negotiated period.

P.

An Invoice, suitable for payment, shall contain, but not be limited to, the following information:

1.

Name of Contractor;

2.

Date of Invoice;

3.

Original Invoice Number (Consecutive numbers);

4.

Contract number;

5.

Task or Delivery Order number, as applicable;

6.

Government Specific Accounting and Appropriation Data (Funding Cite)

(Example: 19X0113-2015-X75041-180100-5327-2332);

7.

Contract Line Item Number (CLIN) of item or service provided;

8.

Description of the item, or service actually provided;

9.

Period of performance of service or date item is provided;

10.

Block/Space reserved for COR acceptance signature and date;

11.

Signature, Name and Phone number of Company representative authorized to sign

Invoices.

12.

Remit to address

13. Name, phone number and mailing address to whom any disputed invoices should be addressed;

14. Credits with explanation and period covered.

Failure to submit Invoices which do not identify this information shall be returned without payment to the Contractor for correction.

Q.

The circuit described above is exempt, under Article 34 of the Vienna Convention on Diplomatic Relations, from the Special Access Surcharges or foreign taxes, including Value Added Taxes.

R.

Authorized Instruction to Contractor a.

No person or agency other than the Contracting Officer (CO) is authorized to give instruction, orders or directions on behalf of the Government to the Contractor or his employees, unless such person or agency is authorized in writing by the CO to so act. The authority of such person or agency is strictly limited to the written authorization provided by the CO. The duty is upon the Contractor to determine the authority of such person or agency. Any questions regarding the authority of such person or agency should be directed to the CO in writing.

b.

Contracting Officer’s Representative (COR): The CO may designate and authorize a representative(s) to act on his/her behalf under this contract. Such representative(s) as may be appointed shall be designated by a letter from the CO and a copy of the letter shall be given to the Contractor. The COR shall represent the CO as specified in his/her delegation of authority letter. The COR shall not be authorized to issue change orders or adjustments. Changes in the Scope of Work/Specifications or any increase or decrease in the work called for by this contract shall be made by the CO by an executed modification to this contract.

S.

Government‑Furnished Equipment (GFE): NONE T.

Release of Information

1. The Contractor’s organization shall clear with the Information Office listed below any public release of information on this contract. This information includes news stories, articles, sales literature, advertisements, radio-TV spots, etc.

2. The request for public release of information should be addressed to: The Contracting Officer, U.S. Embassy, Manama, Kingdom of Bahrain.

3.

Limited Use of Data and Information. Performance of this contract may require the Contractor to access and use data and information proprietary to the Government agency or agency personnel, or which is of such a nature that its dissemination or use, other than in performance of this contract would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed or obtained in performance of this contract, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer. The Contractor will not use, disclose, or reproduce proprietary data which bears a restrictive legend, other than as required in the performance of this contract. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no costs to the Government between the Contractor and the data owner provides for greater rights to the Contractor.

U.

Circuit Downtime and Credits

Credits shall be assessed against the Contractor in those instances where the circuit during any given month or year, that fails to achieve and sustain the minimum acceptance standards stated above.

1. Definitions:

Circuit Availability Acceptance Level:

The minimum amount of time in a given period that the circuit is fully operational for communication or transfer of data within minimum acceptable standards. This will be calculated by multiplying the total amount of time in the period by the acceptance level defined in Section I.C.3. (See example)

Downtime: That period of time when the circuit becomes non-operational or unusable for communication, transfer of data, or otherwise fails to meet the minimum acceptance standards. This will be calculated by multiplying the total amount of time in the period by (100% - the acceptance level) defined in Section I.C.3. (See example)

Example:

(100% - Acceptance Level)

365 days X 24 hours X 99.9% = 8,741.24 hours

Downtime:

365 days X 24 hours X 0.1% = 8.76 hours

365 days X 24 hours X 99.97% = 8,732.72 hours

Downtime:

365 days X 24 hours X 0.03% = 2.62 hours

Period of Downtime: Downtime shall commence at the time first attempt for contact is made by the Government (or its representative) to the Contractor’s Point of Contact and shall be annotated on the Remedy Ticket and shall continue until the circuit is returned into Service by the Government.

Downtime Credits: Monetary value returned to the Government for failure to meet the Circuit availability requirements. Downtime Credits shall be assessed based on cumulative downtime time, with the minimum assessment being one hour. Downtime credit shall be equal to the hourly or daily rate (as applicable) as identified in the schedule in Section B. There are two (2) situations when circuit Downtime Credits can be accumulated:

1) Below Availability Level,

2) Extended Downtime.

2.

Credit for Circuit Downtime by Situation

Below Availability Level: If the downtime accumulated for a circuit adds up to 26.28 (8760 x 0.3%) for service no. 1 and 3 (8760 x .1% for service no. 2) or cumulative hours or more during any one contract year (365 calendar days) or depending on the number of hours for the month (example 744 x .3% for service no. 1 and 3, 744 x .1% for service no. 2) cumulative hours per month (example: 31 calendar day month) the Contractor shall grant an hourly credit to the Government for each hour of downtime. Each additional one hour increment, or portion thereof, will be assessed as an additional hour.

Extended Downtime Credit(s): Cumulative time of more than 18 hours, but not greater than 24 hours, for any one outage shall be assessed at a daily rate. Any increment of 24 hours, beyond the initial 24 hours of any one outage shall be assessed at the standards for the hourly rate up to 12 hours; however between 12 and 24 hours the credit shall be assessed at the daily rate.

3.

Exceptions to Cumulating of Downtime

Cumulating of circuit downtime shall include all unscheduled downtime deemed to be the responsibility of the Contractor, with the following exceptions:

a. When the failure to perform arises out of causes beyond the control, and without the fault or negligence of the Contractor or Sub-contractor, as defined in the Termination for Default clause in Section I of this contract.

b. Malfunction of equipment, frequency fading and interference, errors of commission and/or omission by the Contractor or Sub-contractor, and commercial power surges or failures are considered to be normal hazards of the industry and therefore do not qualify as causes beyond the control of the Contractor or Sub-contractor. The Contractor shall be charged with credits for all reported outages determined “no trouble found” or “came clear while testing” but which exceed 45 minutes.

The Contracting Officer shall make final determination as to whether downtime is the responsibility of the Contractor. If requested by the Contracting Officer, the Contractor shall provide documentation to support claims of excusable downtime. For downtime determined to be the Contractor’s responsibility, the Contracting Officer may elect to assess a credit for each instance of non-performance.

4.

Payment Reduction for Downtime Credits

When Circuit Downtime credit(s) is owed to the Government, the total number of creditable hours shall be accumulated for the month and will be deducted from the payment due the Contractor in the month they accrued.

5.

Trouble Escalation Procedure

The Government shall:

a. Refer the problem to the carrier after performing tests as prescribed in the Trouble Analysis procedure. Obtain the name of the carrier test person and a carrier ticket number; record this information on the Government’s Remedy Ticket.

b. After the trouble has been referred to the carrier for two (2) hours, recall the carrier for an update on the current trouble. Record the carrier’s response, the name of the individual talked with, and the carrier ticket number on the Remedy Ticket.

c. After the trouble has been referred to the carrier for four (4) hours, recall the carrier for an update on the current trouble. If the carrier’s response is not satisfactory escalate the trouble to the carrier’s management. Record the carrier’s response, the name of the individual talked with, and the carrier ticket number on the Remedy Ticket.

d. After the trouble has been referred to the Contractor for six (6) hours the COR shall escalate the trouble to the Contractor’s manager; and notify IRM/IMO, the Contracting Officer and the STATE IRM/ISC Office. Record the contractor’s response, the name of the individual talked with, the Contractor ticket number, and the names of the IRM managers that were notified on the Remedy Ticket.

e. Continue to status (in writing) the Contractor for the remainder of the outage or until a problem resolved status is received. Contractor is responsible to provide an outage report within three days after resolving the incident to the COR detailing the (1) the issue, (2) the resolution, and (3) a proposed preventative maintenance plan.

6.

Technological Refreshment

After contract award, the Government may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions - Commercial Items, paragraph (c), Changes; request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology.

The Contractor may propose for the Government’s technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the Government, a demonstration of the substitute product may be required. The Government is under no obligation to modify the contract in response to the proposed additions or substitutions.

Such substitutions or additions may include any part of, or all of, a given product(s) provided that the following conditions are met and substantiated by documentation in the technological refreshment proposal:

a. The proposed product(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.

b. The proposed product(s) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).

c. The proposal shall discuss the impact on hardware, services, and delivery schedules. The cost of the changes not specifically addressed in the proposal shall be borne entirely by the Contractor.

d. The Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Government. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

7.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all Internet Circuits services set forth in the scope of work.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (OCT 2018), is incorporated by reference (see SF-1449, Block 27A)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items (OCT 2018) and (Deviation 2017-02) (June 2017)

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

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

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

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages.Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor. Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

__ (46) 52.225-1, Buy American. Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47) (i) 52.225-3, Buy American. Free Trade Agreements. Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

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

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

__ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-33, Payment by Electronic Funds Transfer.System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer. Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards. Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment. Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

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

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

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

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

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

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii)

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

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

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

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

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

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

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

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

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

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

(End of clause)

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

These addresses are subject to change. If the FAR is not available at the locations indicated above, use of an internet “search engine” (for example, Google, Yahoo, Excite) is suggested to obtain the latest location of the most current FAR clauses.

The following Federal Acquisition Regulation clauses are incorporated by reference:

CLAUSE

TITLE AND DATE

52.204-13

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18

COMMERCIAL AND GOVERNMENTENTITY CODE MAINTENANCE

(OCT 2018)

52.225-14

INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000)

52.228-5

INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.229-6

FOREIGN FIXED PRICE CONTRACTS (FEB 2013)

52.232-39

UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

The…