19GE5022R0110.pdf

19GE5022R0110

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5022R0110

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

08/09/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Nadja U. Reinmueller

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL ReinmuellerNU@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

MULTICODE15. DELIVER TO

SEE

SEE TEXT

NOTE TO VENDOR

Multi, XX 00000

CODE OPEAQM16. ADMINISTERED BY

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY KINSHASA

310 AVENUE DES AVIATEURS

ATTN: FMO

KINSHASA, CONGO, THE DEMOCRATIC REPUBLIC OF THE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) Nicolas Wilhelm

31c. DATE SIGNED 08/09/2022

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

19GE5022R0110

Line Item Summary

Solicitation Number:

19GE5022R0110

Contract Number: Title: Kinshasa, Congo - Internet Service Provider IDIQ

Date of Solicitation:

08/09/2022

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Installation Phase as per attached Pricing Schedule Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 EA

002 BASE YEAR

ISP Services as per attached Pricing Schedule Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 EA

003 FIRST OPTION YEAR

ISP Services as per attached Pricing Schedule Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 EA

004 SECOND OPTION YEAR

ISP Services as per attached Pricing Schedule Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 EA

005 THIRD OPTION YEAR

ISP Services as per attached Pricing Schedule Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 EA

006 FOURTH OPTION YEAR

ISP Services as per attached Pricing Schedule Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

0.00 EA

19GE50-22-R-0110 US Embassy Kinshasa, Congo Internet Service Provider (ISP) Services Page 3 of 86

Table of Contents

SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

II ACRONYMS AND ABBREVIATIONS

III PRICES

IV SPECIFICATIONS / STATEMENT OF WORK

V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

SECTION 2 – CONTRACT CLAUSES

52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.204-25 – PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

52.216-18 – ORDERING (AUG 2020)

52.216-19 – ORDER LIMITATIONS (OCT 1995)

52.216-21 – REQUIREMENTS (OCT 1995)

52.216-22 – INDEFINITE QUANTITY (OCT 1995)

52.217-5 – EVALUATION OF OPTIONS (JULY 1990)

52.217-8 – OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 – OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.222-50 – COMBATTING TRAFFICKING IN PERSONS (NOV 2021)

52.223-99 – ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

52.229-12 – TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)

652.204-70 – DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD

POLICY AND PROCEDURES (FEB 2015)

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

652.242-73 – AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 – NOTICES (AUG 1999)

SECTION 3 - SOLICITATION PROVISIONS

52.212-1 – INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (NOV 2021)

ADDENDUM TO 52.212-1:

Instructions to Offerors (Proposal Submission):

52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 52.222-56 - Certification Regarding Trafficking in Persons Compliance Plan (OCT

2020)

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

SECTION 4 – EVALUATION FACTORS

A EVALUATION PROCESS AND FACTORS

B SEPARATE CHARGES

C AWARD WITHOUT DISCUSSIONS

52.212-2 – EVALUATION — COMMERICAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

52.217- 5 – EVALUATION OF OPTIONS (JUL 1990)

52.225-17 – EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

Internet Service Provider (ISP) Services Page 4 of 86

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

52.204-19 – INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.209-11 – REPRESENTATION BY CORPORATONS REGARDING AN UNPAID TAX

LIABILITY OR A FELONY CRIMINAL CONVITION UNDER ANY FEDERAL

LAW (FEB 2016)

52.212-3 – OFFEROR REPRESENATATIONS AND CERTIFICATIONS –

COMMERICIAL ITEMS (MAY 2022)

52.225-6 – TRADE AGREEMENTS CERTIFICATE (FEB 2021)

52.229-11 – TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

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

DEFENSE BASE ACT - COVERED CONTRACTOR EMPLOYEES UNDER THE

DEFENSE BASE ACT

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SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

A. The United States Embassy Kinshasa, Democratic Republic of the Congo requires the services of a qualified service company to provide Internet and data transport services in various locations of the Embassy.

The Contractor shall provide the services, as described in Section 1, Sub Section IV Specifications / Statement of Work.

B. This is a fixed price type contract under which annual firm, fixed-price task orders will be issued. The contract shall remain unfunded. The fixed prices are listed in Section1.III.D / Attachment 1 – Pricing.

C. MINIMUM (Reference Section I, Clause 52.216-22(b))

During the term of this contract, the Government shall order, as a minimum, services in an amount of at least $5,000.00 or equivalent in local currency.

The Government makes no guarantee as to the number of orders or actual amount of services that will be requested above the guaranteed minimum of $5,000.00 or equivalent in local currency.

The maximum dollar value during the entire life of this contract is $10,000,000.00.

II ACRONYMS AND ABBREVIATIONS

Acronym Definition

CLIN Contract Line Item Number

CO Contracting Officer

COR Contracting Officer´s Representative

FMO Financial Management Office

QA Quality Assurance

SOW Statement of Work

USG United States Government

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III PRICES

A. The contractor shall complete all work, including installation and integration services, furnishing all labor, material, equipment and services, unless otherwise specified herein, required under this contract for the firm fixed unit prices indicated below and within the time specified herein. These individual prices shall include all labor, materials, profit, and, if applicable, value-added tax (VAT).

Any costs not separately priced will be considered to be included in the individual prices as overhead or other indirect cost. No additional sums will be payable on account of any escalation in the cost of materials, equipment or labor, or because of the contractor's failure to properly estimate or accurately predict the cost or difficulty of achieving the results required by this contract. Nor will the contract price be adjusted on account of fluctuations in the currency exchange rates.

A.2.The currency shall be fixed and cannot be changed by modification to the contract.

B. VAT – if applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the VAT as a separate line item. The VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government, he shall re-pay the refund amount to the US Government.

C. Offeror, insert the currency of prices offered __________________

D. Pricing Schedule The fixed prices for the services as specified in Section IV are set forth in Attachment 1

– Pricing Schedule (to be submitted by Offeror as part of proposal and made part of the contract with award).

E. Defense Base Act (DBA) Insurance

E.1 DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S.

overseas contracts over US$10,000.00. Only the countries listed currently on the Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas.

(See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm).

The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s

Internet Service Provider (ISP) Services Page 7 of 86 compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

E.2 The DBA insurance may be obtained from any authorized DBA insurance broker, see

FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR

1984).

New DBA insurances policies can be purchased directly from any DOL (Department of Labor) approved insurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

E.3 The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in Attachment 1 – Pricing.

NOTE: There is no current DBA insurance waiver for Host Country Nationals (HCNs) and Third Country Nationals (TCNs).

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CONTINUATION TO SF-1449

SCHEDULE OF SUPPLIES / SERVICES, BLOCK 20

DESCRIPTION / SPECIFICATIONS / WORK STATEMENT

IV SPECIFICATIONS / STATEMENT OF WORK

Description

The US Embassy Kinshasa requires Internet and data transport services for the U.S. Embassy in Kinshasa, Democratic Republic of the Congo.

The service provider must provide services for connecting U.S. Embassy Kinshasa at the locations shown below in this solicitation.

The contractor must follow the latest local/Embassy COVID-19 guidance.

1. Initial Service Installation and Activation

1.1 The Internet Service Provider (ISP) shall provide the following:

a. All labor and equipment required to complete the work at the designated site’s service delivery point;

b. A period not to exceed forty-eight (48) hours to perform testing to determine acceptance of the circuit;

c. Information regarding the manufacturer, model, and technical specifications of all contractor-owned routers and equipment that will be located in the designated site’s demarcation point; and

d. A central Information Technology (IT) point of contact (POC) to promptly coordinate technical issues during the initial service installation and activation process.

2. Performance Requirements

SERVICE TYPE A: Dedicated Fiber Optic Cable Bandwidth: As required IP addresses: Static; 16 required Delivery Medium: Fiber-optic with microwave redundancy (automatic-failover) Transfer Limitation: Unlimited data transfer.

1. Delivery Location: (1) U.S. Embassy Kinshasa, 310 Avenue des Aviateurs, Gombe – Kinshasa Description: Enterprise Network (OpenNet) ISP 1 - VNET-1 Bandwidth: 100Mbps

2. Delivery Location: (1) U.S. Embassy Kinshasa, 310 Avenue des Aviateurs, Gombe –

Internet Service Provider (ISP) Services Page 9 of 86

Description: Provides services to DTS equipment Bandwidth: 100Mbps

3. Delivery Location: (1) U.S. Embassy Kinshasa, 310 Avenue des Aviateurs, Gombe –

Description: Enterprise Network (OpenNet) ISP 2 - VNET-2 Bandwidth: 40Mbps

SERVICE TYPE B Dedicated Fiber Optic Cable Description: Dedicated Internet Network (DIN) – 1 Bandwidth: 10Mbps IP addresses: Static; 4 required.

Delivery Location: JAO, 498 LT. Col. Lukusa ave

SERVICE TYPE C: Point-to-Point Fiber Connections Description: Dedicated Lease Line Delivery Medium: Dedicated Fiber Optic Cable Bandwidth: Minimum: 10 Gbps IP Addresses: Not Applicable Delivery Locations: (1) 2 x Cables: Between JAO and Chancery

(2) 1 x Cable: Between AID and Chancery

SERVICE Type D: Fiber-optic with microwave redundancy (automatic-failover) Description: Enterprise and Non-Enterprise Internet Connection for the Centers for Disease

Control and Prevention (CDC) Kinshasa Office Delivery Medium: Fiber-optic with microwave redundancy (automatic-failover) Bandwidth: As Required IP Addresses: Static; 6 required Subnet: A /29 subnet static Public IP addresses for VPN equipment, network mask, and default gateway IP address.

1. Delivery Locations: (1) JAO, 498 LT. COL. Lukusa Ave Bandwidth: 30 Mbps

2. Delivery Locations: (1) JAO, 498 LT. COL. Lukusa Ave Bandwidth: 10 Mbps

THE PROVIDED SERVICE SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:

Type Of Service: Dedicated Internet Channel Delivery Medium: Fiber-optic with microwave redundancy (automatic-failover) Transfer Limitation: Unlimited data transfer.

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Services Quality This internet circuit shall be high-end, professional grade service that differs from the residential service. The Embassy requires dedicated (not shared or bundled), 24/7, “always-on” Internet bandwidth with unlimited usage.

The local Internet Service Provider (ISP) access circuit to the Post must meet the following specifications/requirements for connectivity:

• Service provider must provide Fiber Optic connectivity to the very end at the service location Telecommunications Service Entrance Facilities (TSEF) Room.

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

• Service provider interface connectors: LC fiber connector (MM-multimode) – Gigabit interface. ISP must provide all data media converters or transmission devices in all cases.

• Service provider availability: "Always on". Bandwidth sharing between other non- Embassy customers is not allowed. Connection Ratio must be 1/1.

• Service provider connection: IPs must NOT use Network Address Translation (NAT).

• Service provider must permit all IP protocols (including but not limited to ICMP, UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without service provider firewall blocking or stateful inspection.

• Service provider must permit installation of Customer VPN encryption devices on circuit.

• Service provider must permit ping and trace route traffic from 169.252.0.0/16 and

169.253.0.0/16 to the connection.

• High quality performance is required. The following parameters in a vendor’s Service

Level Agreement (SLA) should be used:

o Packet Loss <=.5% o Availability of 99.9%.

Network Devices The network devices shall comply with the following characteristics:

• U.S. Embassy Kinshasa may not enter, extend, or renew a contract with an entity that uses ZTE, Huawei, Xiaomi or affiliated products or services as a substantial or essential component of its network.

Service Support and Contingencies

• Service provider must warrant service support on site, if necessary, 7X24X365. Support services must be coordinated directly with Embassy’s COR or IT representative from the Information Systems Center (ISC).

• Service provider should have direct connection capability with major United States of America telecommunication providers at Internet tier 1 level, having alternative line channels or backups (redundant path) in case of main Internet path malfunctioning if local conditions permit.

• Service provider must provide a central IT Point of Contact (POC) to promptly coordinate technical issues during the initial installation process.

• Constant monitoring: Service must make available bandwidth utilization graph on demand for the requested time interval.

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SERVICE TYPE E: Internet Connectivity via 4th Generation Long Term Evolution (4G LTE)

Network for Non-Enterprise Use Description: Dedicated Internet Network (DIN) Type of Service: Internet via 4G LTE Bandwidth: Maximum available via carrier network Transfer Limitation: 2400 Gigabytes (GB) per month per delivery location IP Addresses: 1 per delivery location; dynamic assignment

Delivery Locations in Kinshasa Gombe area:

(1) ACC/CMR, Zongotolo Ave, 2

(2) DCMR, Caisse D'epargne Ave, 3124

(3) Panorama, Roi Baudouin Ave, 69

(4) Chancery, 310 Avenue Des Aviateurs

(5) JAO, 498 LT. COL. Lukusa Ave

Description: Public Affairs Dedicated Internet Network (DIN)

Delivery Locations: (6) American Corner UPC Kinshasa

(7) American Center Lubumbashi

(8) American Center Matadi

(9) American Center Goma

(10) American Center Kisangani

(11) PAO Residence Kinshasa

(12) IO Residence Kinshasa

(13) CAO Residence Kinshasa

(14) American Center Kinshasa

SERVICE TYPE F: Internet Connectivity via 4th Generation Long Term Evolution (4G LTE) Network for Non-Enterprise Use Description: Portable Internet Hotspot Modems Transfer Limitation: 200 Gigabytes (GB) per month per delivery location IP Addresses: 1 per delivery location; dynamic assignment Delivery Locations: Various – 25 Total

THE PROVIDED SERVICE SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:

Type Of Service: Internet via 4G LTE Delivery Medium: 4G LTE Bandwidth: Maximum available via carrier network Services Quality This internet circuit shall be delivered via 4G LTE. The Embassy requires 24/7, “always-on” Internet bandwidth.

The service provided must meet following specifications/requirements for connectivity:

• Service provider must provide optimum signal strength and quality at each delivery location.

• Service provider must have greater than 13 dB (Signal to Interference plus Noise Ratio) SINR signal strength, defined as “Good” at each delivery location.

• Service provider availability: "Always on".

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

• Service provider must permit installation of Customer VPN encryption devices on circuit.

• Service provider must permit ping and trace route traffic from 169.252.0.0/16 and

169.253.0.0/16 to the connection.

• High quality performance is required. The following parameters in a vendor’s Service

Level Agreement (SLA) should be used:

o Packet Loss <=.5% o Availability of 99.9%.

Network Devices The network devices shall comply with the following characteristics:

• U.S. Embassy Kinshasa may not enter, extend, or renew a contract with an entity that uses ZTE, Huawei, Xiaomi or affiliated products or services as a substantial or essential component of its network.

Service Support and Contingencies

• Support services must be coordinated directly with Embassy’s COR or IT representative from the Embassy ISC.

• Service provider must provide a central IT POC to promptly coordinate technical issues during the initial installation process.

SERVICE TYPE G: Fiber Optic Description: MSGR Dedicated Internet Network (DIN) Type Of Service: Shared internet service Delivery Medium: Fiber Optic Bandwidth: Maximum available via carrier network Transfer Limitation: Unlimited IP Addresses: 1 per delivery location; dynamic assignment Delivery Location(S): (1) MSGR1, Dumi Ave 119, Gombe Kinshasa

(2) MSGR2, Dongo 110, Gombe Kinshasa

THE PROVIDED SERVICE SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:

Services Quality This internet circuit shall be high-end, professional grade service that differs from the residential service. The Embassy requires dedicated (not shared or bundled), 24/7, “always-on” Internet bandwidth with unlimited usage.

The local ISP access circuit to the Post must meet the following specifications/requirements for connectivity:

• Service provider must provide Fiber Optic connectivity to the very end at the service location Telecommunications Service Entrance Facilities (TSEF) Room.

• Service provider interface connectors: LC fiber connector (MM-multimode) – Gigabit interface. Service provider must provide all data media converters or transmission devices in all cases.

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• Service provider connection: IPs must NOT use Network Address Translation (NAT).

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

• Service provider must permit installation of Customer VPN encryption devices on circuit.

• Service provider must permit ping and trace route traffic from 169.252.0.0/16 and

169.253.0.0/16 to the connection.

• High quality performance is required. The following parameters in a vendor’s Service

Level Agreement (SLA) should be used:

o Packet Loss <=.5% o Availability of 99.9%.

Network Devices The network devices shall comply with the following characteristics:

• U.S. Embassy Kinshasa may not enter, extend, or renew a contract with an entity that uses ZTE, Huawei, Xiaomi or affiliated products or services as a substantial or essential component of its network.

Service Support and Contingencies

• Service provider must warrant service support on site, if necessary, 7X24X365. Support services must be coordinated directly with Embassy’s COR or IT representative from the Embassy ISC.

• Service provider should have direct connection capability with major United States of America telecommunication providers at Internet tier 1 level, having alternative line channels or backups in case of main Internet path malfunctioning if local conditions permit.

• Service provider must provide a central IT POC, as well as an escalation matrix, to promptly coordinate technical issues during the initial installation process.

3. CONTRACTOR MANAGEMENT PLAN

Offerors shall submit a draft version of their management plan as part of their proposal. The contractor shall submit the final version of the plan to the COR no later than 30 calendar days after contract award date. The contractor’s management plan shall, after review and acceptance by the COR, become binding on both parties. The ISP shall obtain the COR’s approval prior to making any changes in its management plan. If directed by the COR, the ISP shall submit said changes in writing as a proposal for USG review and approval / disapproval.

The ISP’s management plan shall:

• describe the organization of the work force,

• specify the names and responsibilities of the principal manager and all supervisors,

• indicate the manner in which quality service is to be assured,

• state the frequency of inspections and the use of operational records

• include organizational and functional charts reflecting the line of management responsibility

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• describe the procedures used to respond to the requirements of this contract

• describe management procedures for administrative support of all functions, including procedures for timely payment of personnel.

4. Quality Control Plan (QCP) / Inspection System

The ISP’s management plan shall establish an inspection system. The ISP shall institute and maintain an appropriate system of Quality Control (QC), to be set forth in a QC Plan. The plan shall be adequate for ensuring that all work performed under the contract is of the highest quality standards and consistent with best industry practices, to assure timely provision of services, optimum USG satisfaction, and appropriate use / protection of USG facilities and assets.

The plan shall:

• specify areas to be inspected on a scheduled basis;

• include a method of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable;

• include a filing system for all inspections conducted by the contractor and the corrective action taken;

• checklists of duties to be carried out by the supervisory staff and senior employees.

This documentation shall be made available to the USG during the term of the contract.

The QC Plan shall be submitted to the COR no later than thirty (30) calendar days after contract award. Upon acceptance by the COR, the QC Plan becomes binding.

This plan also provides an effective method for the COR to monitor contractor performance, advise the ISP of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The contractor, not the USG, is responsible for management and quality control to meet the terms of the contract. The role of the USG is to monitor quality to ensure that contract standards are achieved.

The ISP's key individual responsible for QC under this contract is the Project Manager.

If this person needs to be replaced during performance of this contract, the contractor shall submit a resume for an equal or better replacement to the COR for review and approval.

5. Bandwidth Management and Testing – The contractor shall be responsible for both ongoing bandwidth management and regular bandwidth testing. The contractor shall provide test reports to the COR no later than the 5th calendar day of each month.

Offerors shall submit a sample / draft version of their handling procedures as part of their proposal.

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V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

V.1 Quality Assurance and Surveillance Plan (QASP) This plan is designed to provide an effective surveillance method to promote effective 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 USG, is responsible for management and quality control to meet the terms of the contract. The role of the USG is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective Performance Threshold

Services Contractor performs all services set forth on the Performance Work Statement with the standard and requirements detailed

All required services are performed and no more than one

(1) customer complaint is received per month

V.1.1 Surveillance – The COR will receive and document all complaints from USG personnel regarding the services provided. If found valid, the COR will send the complaints to the contractor for corrective action.

V.1.2 Standard – The performance standard is that the USG receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.246-4, Inspection of Services – Fixed Price (AUG 1996) or the appropriate Inspection of Services clause), if any of the services exceed the standard.

V.1.3 Complaint Procedures

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant.

The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available.

The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

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(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

V.2. REPORTS AND OTHER DELIVERABLES

V.2.1 All reports and other deliverables required under this contract shall be delivered by email to the COR and mailed to the following address:

TBA

NOTE: Any and all costs for the preparation, handling, mailing and submission of progress reports or any other required reports and documentation shall be included in the total price of each delivery order.

Description QTY Delivery Date Deliver to List of contractor provided equipment per location (para IV.1.1.c)

1 30 calendar days after task order award

COR, by e-mail

Draft version of Management Plan (para IV.3)

1 As part of the proposal CO, by e-mail

Final version of Management Plan (para IV.3)

1 30 calendar days after contract award

COR, by e-mail

Quality Control Plan (para IV.4) 1 30 calendar days after contract award

COR, by e-mail

Draft bandwidth testing report (para IV.5)

1 As part of the proposal CO, by e-mail

Para V.4.

and FAR 52.222-50 Trafficking in Persons and FAR 52.222-56 Certification Regarding Trafficking in Persons & Compliance Plan.

In accordance with FAR 52.222-50 Trafficking in Persons and FAR 52.222- 56 Certification Regarding Trafficking in Persons Compliance Plan.

Provide a Trafficking in persons compliance plan

1 not later than 30 calendar days after award.

CO/COR,

by e-mail

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Invoice (Section V.8.3)

1 To be submitted monthly Designated Billing Office

V.3 KEY PERSONNEL

The US Government considers the contractors Project Manager, on-site supervisor and IT Point of Contact as Key Personnel for this contract. During the entire performance period of this contract, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The contractor shall notify the Contracting Officer Representative within 15 calendar days after the occurrence of any of these events. The proposed substitute shall possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation / contract. The Contracting Officer Representative will notify the contractor within 15 calendar days after receipt of all required information of the decision on the substitution.

V.4 RECRUTMENT OF THIRD COUNTRY NATIONALS

a) For contracts exceeding $250,000 which require the recruitment of Third Country Nationals (TCNs), the Contractor shall submit and adhere to a Recruitment Plan. Contractors providing employer furnished housing shall submit and adhere to a Housing Plan.

b) Recruitment Plan

1. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the Contractor intends to recruit them.

2. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

3. State in the plan that the recruited employee will not be charged recruitment or any similar fees, as defined in FAR 22.1702 and FAR 52.222-50. The Contractor or employer pays the recruitment fees for the worker, if recruited by the Contractor or subcontractor, to work specifically on Department of State contracts.

4. Recruitment fees included by the prime contractor in the contract price must be allowable by country law, allocable to the contract based on benefit to the program, and reasonable based on what a prudent businessperson would pay for similar expenses and charges. The reasonableness of recruitment fees should be assessed based on the reasonableness of the individual components.

5. State in the plan that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

6. State in the plan that the Contractor has read and understands the requirements of FAR 52.222-50 Combating Trafficking in Persons.

7. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance and provide updates for approval.

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Recruitment fees means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.

(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-

(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, Skills testing, recommending, or placing employees or potential employees; (ii) Advertising: (iii) Obtaining permanent or temporary labor certification, including any associated fees; (iv) Processing applications and petitions; (v) Acquiring visas, including any associated fees; (vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees; (vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications; (viii) An employer's recruiters, agents or attorneys, or other notary or legal fees; (ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees; (x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds; (xi) Transportation and subsistence costs- (A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and (B) From the airport or disembarkation point to the worksite; (xii) Security deposits, bonds, and insurance; and (xiii) Equipment charges.

(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is (i) Paid in property or money; (ii) Deducted from wages;

(iii) Paid back in wage or benefit concessions; (iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or (v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to- (A) Agents; (B) Labor brokers; (C) Recruiters; (D) Staffing firms (including private employment and placement firms); (E) Subsidiaries/affiliates of the employer; (F) Any agent or employee of such entities; and (G) Subcontractors at all tiers.

c) Housing Plan The Contractor will submit a Housing Plan if the Contractor intends to provide employer furnished housing for TCNs. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their plan that housing meets host country housing and safety standards and local codes. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

d) Preventing Trafficking in Persons The Department of State Contractor and Subcontractors shall prevent human trafficking and treat employees with respect and dignity by taking the following actions:

• Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee’s identity documentsor passports.

Contractors are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person. Contractor must be

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• Contractor shall provide employees with signed copies of their employment contracts, in English and in the employee’s native language, that define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. These contracts must be provided prior to employee departure from their countries of origin. Contractors shall provide workers with written information on relevant host country labor laws. Fraudulent recruiting practices, including deliberately misleading information, shall be considered a material breach of this contract.

• Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at https://www.responsiblesourcingtool.org and from the Contracting Officer.

• The Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons, including the requirements against commercial sex, even in countries where it is legal, and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

• Contractor shall display posters in worker housing advising employees, in English and the dominant language of the Third Country Nationals being housed, of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG), Hotline at 202-647-3320 or 1-800-409-9926, via the web https://www.stateoig.gov/ hotline, or via email at WPEAombuds@STATEOIG.GOV.

• Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers who have traveled from other countries for contract performance, except for an employee legally permitted to remain in the country of work and who chooses to do so;

including an employee who is a victim of trafficking seeking victim services or legal redress in the country of employment or a witness in a trafficking-related enforcement action.

• Contractor shall monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222- 50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to Contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

• The Contractor agrees to include this clause in all subcontracts over $250,000 involving recruitment of third country nationals for subcontractor performance.

V.5 Erroneous Payment

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If the USG becomes eligible for a refund of payment because of erroneous overpayment or other cause, the contractor shall refund the amounts or use them to offset future payments owed by the USG, whichever the USG prefers. The contractor shall refund any refunds not complete or discovered after the completion date of this contract.

V.6 Physical and Information Security Requirements

The contractor shall be responsible for safeguarding all government information provided for contractor use. All material / documentation produced for the USG will be the sole property of the USG. The contractor shall not release any documents to anyone unless authorized by the USG. The following considerations shall be followed by the contractor and/or shall be incorporated into the design documents / shop drawings.

All documents received or generated under the contract are the property of the USG.

All documents shall be controlled and disseminated on a need-to-know basis. Reproduction and distribution are prohibited without express approval of the USG. All design documents generated shall be annotated as follows:

All documents shall be marked and handled in strict accordance with all applicable requirements and regulations. Proposed and actual contract documents shall only be disseminated on a strict need-to-know basis and shall not be further disseminated without prior authorization from the USG.

Those receiving any type of proposed and / or actual contract documents shall be responsible for these materials while in their possession, or that of any of their subcontractors. They shall return all documents, including all copies, promptly upon demand by the USG.

V.7 Laws And Regulations

Compliance Required If the contractor has or will establish a local office, he shall, without additional expense to theUSG, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction.

Labor, Health and Safety Laws and Customs If the contractor has or will establish a local office, he shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract.

A contract with the USG conveys no special privileges or immunities to the contractor. The contractor is an independent commercial concern and not a part of the U.S.

mission. The contractor's employees are not USG employees. Registration of this contract with the host country government, if required by law, will be the sole responsibility of the contractor, and any fees, taxes, or other duties shall be payable by the contractor without recourse to the USG of the amounts thereof.

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The only items that the USG will consider for price adjustments are those that are mandated e.g., changes in the VAT rate (if applicable) or minimum hourly wage rate.

V.8 Contract Administration Data

V.8.1. Authority of the Contracting Officer – All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as the COR.

V.8.2. Government Personnel

Contracting Officer: Nicolas A. Wilhelm

Contract Administrator: Nadja Reinmueller E-mail address: ReinmuellerNU@state.gov

Contracting Officer's Representative (COR): TBA

V.8.3 Invoices, Review and Payment

Invoices shall be issued monthly and submitted to the invoicing address shown on the task order.

Value Added Tax (VAT), if applicable, shall be a separate line item on each invoice.

Each invoice shall include the items listed in Section 2, FAR 52.212-4 g.1.

Payment shall be made in the currency the contractor specified in Section1.III.C Prices.

V.8.4 Advance Payment shall not be authorized under this contract.

V.8.5 Changes In Ownership

The contractor shall furnish the COR advance notification (90 calendar days prior to the effective date) of any disposition or the change in ownership or terms of lease of any facilities utilized by him for performance of any service under this contract.

V.9 Funding / Task Orders / Procedures mailto:ReinmuellerNU@state.gov

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V.9.1 The contract remains unfunded; funding will be provided by issuing [annual] task orders.

Each task order will contain the following information:

• Name of contractor

• Contract number

• Date of purchase

• Task order number

• Name of person placing the order

• Quantity, unit price, and total price of each service / insurance rate

• VAT or other taxes as a separate item, if applicable

• COR and post points of contact, including e-mail addresses

• applicable contract clauses, either in reference or in full text if necessary

V.9.2. Only an RPSO Contracting Officer may place a written order.

V.9.3 Ordering Procedures – The Government shall issue annual funded task orders.

V.10 Choice of Law

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Civilian Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

V.11 Start / Period of Performance

Contract performance is estimated to start on October 15, 2022

The period of performance is one year, with four possible annual option years. Option years, if exercised, shall be for twelve (12) months each, commencing at the expiration of the previous period of performance.

The required circuits shall be installed and delivered to the Destination Point on or before 10 Days after Contract Award.

The one-year performance period of the base year for the monthly recurring charges shall start after successful shipping, installation and acceptance by the Government of the required equipment.

The Government may extend this contract in accordance with the option clause in Section 2, FAR 52.217-9, Option to Extend the Term of the Contract - Deviation, which also specifies the total duration of this contract.

The Government may exercise the option set forth at Section 2, "FAR 52.217-8, Option to Extend Services", within the currently ongoing period of performance.

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Notwithstanding the expressed contract expiration date, this contract shall remain in full force and effect until the last items or services ordered hereunder have been delivered and accepted by the Government.

V.12. List Of Attachments

Attachment 1 Pricing Attachment 2 Past Performance and Experience Attachment 3 Key Personnel Attachment 4 W-14 Certificate of Foreign Contracting Party

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SECTION 2 – CONTRACT CLAUSES

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L.

115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.