19GE5024R0006 Solicitation - USAID.pdf

19GE5024R0006

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5024R0006

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

DATE

12/01/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Abdelhakim Dyane

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL DyaneA@State.gov

8. OFFER DUE DATE / LOCAL

TIME

01/05/2024 15:00

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

BAMAKCODE15. DELIVER TO

AMERICAN EMBASSY BAMAKO

RUE 241, PORTE 297 B.P. 34

ATTN: USAID

BAMAKO, MALI P 34

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 BAMAKO

RUE 241, PORTE 297 B.P. 34

ATTN: USAID

BAMAKO, MALI P 34

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)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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 12/01/2023

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

Line Item Summary

Solicitation Number:

19GE5024R0006

Contract Number: Title: USAID - Dedicated Internet connection

Date of Solicitation:

12/01/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLIN 0001: Equipment

(including delivery, as specified in the scope of work) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

BASE PERIOD

002 CLIN 0002: Installation

(including travel, as specified in the scope of work) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

BASE PERIOD

003 CLIN 0003: Monthly recurring charges for supply , monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work) Minimum Bandwidth Requirement: 100Mbps Minimum Internet Speed: 100Mbps Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO $0.00 $0.00

BASE PERIOD

004 CLIN 0004: Defense Base Act Insurance (DBA) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

BASE PERIOD

1001 CLIN 1001: Monthly recurring charges for supply , monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work) Minimum Bandwidth Requirement: 100Mbps Minimum Internet Speed: 100Mbps Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO $0.00 $0.00

1002 CLIN 1002: Defense Base Act Insurance (DBA) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

2001 CLIN 2001: Monthly recurring charges for supply , monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work) Minimum Bandwidth Requirement: 100Mbps Minimum Internet Speed: 100Mbps Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO $0.00 $0.00

2002 CLIN 2002: Defense Base Act Insurance (DBA) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

Line Item Summary

Solicitation Number:

19GE5024R0006

Contract Number: Title: USAID - Dedicated Internet connection

Date of Solicitation:

12/01/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

3001 CLIN 3001: Monthly recurring charges for supply , monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work) Minimum Bandwidth Requirement: 100Mbps Minimum Internet Speed: 100Mbps Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO $0.00 $0.00

3002 CLIN 3002: Defense Base Act Insurance (DBA) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

4001 CLIN 4001: Monthly recurring charges for supply , monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work) Minimum Bandwidth Requirement: 100Mbps Minimum Internet Speed: 100Mbps Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

12.00 MO $0.00 $0.00

4002 CLIN 4002: Defense Base Act Insurance (DBA) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

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)

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2022)

52.216-4 – ECONOMIC PRICE ADJUSTMENT – LABOR AND MATERIAL (JAN 2017)

52.216-18 – ORDERING (OCT 1995)

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 Combating Trafficking in Persons (NOV 2021)

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

CONTRACTORS (OCT 2021) (DEVIATION)

52.225-5 TRADE AGREEMENTS (NOV 2023)

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

652.204-70 - DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD POLICY

AND PROCEDURES (FEB 2015)

652.229-70 Excise Tax Exemption Statement for Contractors Within the United

States (JUL 1988) 652.232-70 Payment Schedule and Invoice Submission (Fixed-Price) (AUG 1999)

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

652.242-73 – AUTHORIZATION AND PERFORMANCE (AUG 1999)

652.243-70 – NOTICES (AUG 1999)

JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF 2010

NOTICE:

Cybersecurity Supply Chain Risk Management Requirements (FEB 2023)

SECTION 3 - SOLICITATION PROVISIONS

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

Instructions to Offerors (Proposal Submission):

Submission of questions Proposal Due Date

52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

52.216-1 – TYPE OF CONTRACT (APR 1984)

52.232.2 - SERVICE OF PROTEST (SEPT 2006)

52.225-6 TRADE AGREEMENTS CERTIFICATE (FEB 2021)

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (OCT 2020)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

SECTION 4 – EVALUATION FACTORS

EVALUATION PROCESS AND FACTORS

3. AWARD WITHOUT DISCUSSIONS

52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021)

52.217- 5 – EVALUATION OF OPTIONS (JUL 1990)

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

SECTION 5 – REPRESENTATIONS AND CERTIFICATIONS

52.204-19- INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.209-11 – REPRESENTATION BY CORPORATONS REGARDING AN UNPAID TAX

LIABILITY OR A FELONY CRIMINAL CONVITION UNDER ANY FEDERAL

LAW (FEB 2016)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.212-3 Offeror Representations and Certifications – Commercial Items (NOV 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

SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

The Contractor shall provide dedicated internet lines services to the USAID building in the United States Embassy in Mali. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, spare equipment, maintenance and profit. The Government will pay the Contractor on a prorated monthly basis for Standard Services that have been satisfactorily performed.

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

A. The contract resulting from this solicitation shall be a Firm Fixed-Price contract. The fixed prices are listed in Section1.III.A.

B. The period of performance of this contract is for one calendar year (starting upon the issuance of Notice to Proceed by the Contracting Officer), with four (4) one-year options.

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

III PRICES

A. The Contractor shall provide the services for the base period of the contract at the rates shown below and any option years exercised by the Government.

Please complete the table below inserting the total estimated costs:

A.1 BASE YEAR PERIOD (12 MONTHS, start and end date to be determined)

Contract line item No.

Description Unit Quantity Unit Price Total

CLIN 0001

Equipment (including delivery, as specified in the scope of work)

LT 1

CLIN 0002

Installation (including travel, as specified in the scope of work)

LT 1

CLIN 0003

Monthly recurring charges for supply, monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work)

Minimum Bandwidth Requirement:

100Mbps

Minimum Internet Speed: 100Mbps

MO 12

CLIN 0004 Defense Base Act Insurance (DBA) LT 1

Overall total Base Year

A.2 FIRST OPTION YEAR PERIOD (12 MONTHS, start and end date to be determined)

Description Unit Quantity Unit Price Total

CLIN 1001

Monthly recurring charges for supply, monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work)

Minimum Bandwidth Requirement:

100Mbps

Minimum Internet Speed: 100Mbps

MO 12

CLIN 1002 Defense Base Act Insurance (DBA) LT 1

Overall total First Option Year

A.3 SECOND OPTION YEAR PERIOD (12 MONTHS, start and end date to be determined)

Description Unit Quantity Unit Price Total

CLIN 2001

Monthly recurring charges for supply, monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work)

Minimum Bandwidth Requirement:

100Mbps

Minimum Internet Speed: 100Mbps

MO 12

CLIN 2002 Defense Base Act Insurance (DBA) LT 1

Overall total Second Option Year

A.4 THIRD OPTION YEAR PERIOD (12 MONTHS, start and end date to be determined)

Contract line item No.

Description Unit Quantity Unit Price Total

CLIN 3001

Monthly recurring charges for supply, monitoring and management of 24/7 dedicated internet circuit

(Including remote and on-site support, as specified in the scope of work)

Minimum Bandwidth Requirement:

100Mbps

Minimum Internet Speed: 100Mbps

MO 12

CLIN 3002 Defense Base Act Insurance (DBA) LT 1

Overall total Third Option Year

A.5 FOURTH OPTION YEAR PERIOD (12 MONTHS, start and end date to be determined)

Contract line item No.

Description Unit Quantity Unit Price Total

CLIN 4001

Monthly recurring charges for supply, monitoring and management of 24/7 dedicated internet circuit

MO 12

(Including remote and on-site support, as specified in the scope of work)

Minimum Bandwidth Requirement:

100Mbps

Minimum Internet Speed: 100Mbps

CLIN 4002 Defense Base Act Insurance (DBA) LT 1

Overall total Fourth Option Year

A.6 GRAND TOTAL

BASE YEAR TOTAL

FIRST OPTION YEAR TOTAL

SECOND OPTION YEAR TOTAL

THIRD OPTION YEAR TOTAL

FOURTH OPTION YEAR TOTAL

GRAND TOTAL (BASE + OPTION YEARS)

B. CURRENCY: The prices are stated in _________________________(please insert the currency of the offer).

The offeror shall clearly identify and state the currency for all costs in their price proposal. After award, the Contractor shall invoice in and payment will be made according to the currency identified in the offeror’s proposal, unless otherwise specified by the Contracting Officer.

C. VAT – The U.S. Embassy Bamako, Mali is exempted from VAT on both importation of goods and domestic purchase of goods and services. The U.S. Embassy Bamako can provide VAT exemption documents to the Contractor upon award.

D. Defense Base Act (DBA) Insurance

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. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL). Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). 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 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.

The DBA insurance may be obtained from any authorized DBA insurance broker, see Sub-Section I.14, FAR 52.228-3 WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR 1984). New DBA insurances policies can be purchased directly from any DOL approved insurance carrier. A list of DOL approved carriers may be found at https://www.dol.gov/owcp/dlhwc/lscarrier.htm.

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 the Pricing Schedule.

DBA insurance cost will be evaluated as part of the total evaluated price and included in the price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 15 calendar days from the date of award.

Mali is currently not included on the DOL’s active waiver list, therefore DBA insurance is required for all employees performing work on this contract .

IV SPECIFICATIONS / STATEMENT OF WORK

A. Scope

The Contractor shall provide all labor, services, tools, materials, equipment, transportation, supervision and all requirements necessary to accomplish the required service described below for the Dedicated Internet Services as specified herein.

B. Project description

Scope of Services – Dedicated Internet Services

Objective

The requirement is to provide and install a minimum dedicated 100MB bandwidth of unfiltered internet traffic from the Internet Service Provider (ISP) Point of Presence (POP) to the USAID building in the United States Embassy in Mali with a possible contract start date on March 01, 2024.

Location/Address: U.S. Embassy compound, Rue 243 Porte 297, ACI 2000, Bamako, Mali.

Clearance Requirements: Security background check

B.1 Description of Tasks and Services

1. Provide and install a minimum dedicated 100Mbps bandwidth of unfiltered internet traffic with a minimum speed of 100 Mbps from the ISP Point of Presence (POP) to the USAID building in the US Embassy Compound. The availability of this circuit shall not be less than 99.7 percent per month over the period of the contract.

2. Provide and install a backup/failover connection of unfiltered internet traffic from the ISP Point of Presence (POP) to the USAID building in the US Embassy Compound.

3. Neatly tie, align, and position all cables to their respective devices from the Outdoor

Unit (ODU) into the Server Room (SR). Mount the corresponding indoor unit (IDU) into the rack space provided in the Server Room (SR).

4. Deliver Internet traffic from the IDU to a layer 3 device, which will implement a least cost routing algorithm to re-route packets onto the internet should there be a failure on any route.

5. Provide a slash 28 public IP Subnet to support USAID’s Internet facing services.

6. Provide a slash 29 public IP Subnet to USAID perimeter network.

7. Advertise all slash 28 public IP Subnet through the slash 30 IP Subnet provided.

8. Assign one slash 29 IP address to ISP POP towards the Internet.

9. USAID will assign the other slash 29 IP address to its perimeter network device.

10. Provide evidence of a 24-hour daily network operation center (NOC) performing traffic management, network monitoring, and problem isolation.

11. Provide a portal for viewing Multi Traffic Router Grapher (MRTG) reports of traffic utilization for USAID to monitor traffic and bandwidth utilization. Please note that USAID will be taking regular bandwidth tests from servers in Washington to determine that the bandwidth utilization is appropriate as requested and latency is below 200ms.

12. Provide evidence that ISP has an Internet backup solution via a different media than the primary connection should the primary ISP connectivity link fail.

13. Provide a diagrammatic topology of the connectivity from USAID to the Internet backbone noting the bandwidth requested and the ISP internet backup links.

14. Provide at the very least, a 24hour notice of an extensive planned outage. Anything short will attract service penal deductions at the discretion of USAID and will reflect in monthly recurring charges (MRC).

15. Ground all CPEs and lightning arrestors to the USAID’s single continuous grounding system.

B.2 Eligibility Requirement

Business Operation:

ISP shall show evidence of having operated a business providing similar support and services for a minimum five (5) years.

Location:

ISP shall show evidence of being locally registered as a business in Mali or have a local partner registered to deliver service.

Technical support:

ISP Shall have employees who are qualified to provide technical support for equipment and services purchased. The qualification shall include at least bachelor’s degree in IT Networking field and a minimum of 5 years experience with an ISP and providing customers support.

Prohibition:

Section 889(a)(1)(A) prohibits the Federal Government from procuring or obtaining, or extending or renewing a contract to procure or obtain “any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.”

Condition:

USAID Mali has two (2) separated networks. In case of network failures, the users switch over to the second network. For this reason, the same ISP shall not be contracted for both networks.

B.3 Key Personnel

The US Government considers the contractor's Project Manager 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.

C. Standards of Conduct

C.1 General. The Contractor shall maintain satisfactory standards of employee competency, conduct, cleanliness, appearance and integrity and shall be responsible for taking such disciplinary action with respect to employees as required. Each Contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, and the United States Government. The Government reserves the right to direct the Contractor to remove an employee from the worksite for failure to comply with the standards of conduct. The Contractor shall immediately replace such an employee to maintain continuity of services at no additional cost to the Government.

C.2 Dress. The Contractor's employees shall dress in a professional manner.

C.3 Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities that interfere with normal and efficient Government operations.

C.4 Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

C.5 Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

a. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records,

b. Unauthorized use of Government property, theft, vandalism, or immoral conduct,

c. Unethical or improper use of official authority or credentials,

d. Security violations, or,

e. Organizing or participating in gambling in any form.

C.6 Neglect of duties shall not be condoned. This includes sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personnel affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the work site security.

D. Personnel Health Requirements

D.1 All employees shall be in good general health without physical disabilities that would interfere with acceptable performance of their duties. All employees shall be free from communicable diseases.

E. Lawful Operation, Permits, and Indemnification

E.1 Employee Salary Benefits. The Contractor shall be responsible for payment of all employee wages and benefits required by host country law or agreements with its employees. The Government, its agencies, agents, and employees shall not be part of any legal action or obligation regarding these benefits which may subsequently arise.

Where local law requires bonuses, specific minimum wage levels, and premium pay for holidays, payments for social security, pensions, sick or health benefits, severance payments, child care or any other benefit, the Contractor is responsible for payments of these costs and must include them in the fixed prices in this contract.

E.2 Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility and liability for any and all personal injuries or death and property damage or losses suffered due to negligence of the Contractor's personnel in the performance of this contract. The Contractor's assumption of absolute liability is independent of any insurance policies.

E.3 Amount of Insurance. The Contractor is required to provide whatever insurance is legally necessary. The Contractor shall, at its own expense, provide and maintain during the entire performance period.

E.4 The Contractor shall hold harmless and indemnify the Government from any and all claims arising, except in the instance of gross negligence on the part of the Government.

E.5 Permits. Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the prosecution of work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable host country laws. Application, justification, fees, and certifications for any licenses required by the host government are entirely the responsibility of the Contractor.

E.6 Workers' Compensation. The contractor shall provide for Worker's Compensation as required by local law. See also FAR 228-3 Defense Base Act Insurance

E.7 Employer's Liability. As required by host country law

V CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

A. 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

• 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.

• 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.

• 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.

(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.

B. 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.

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 document sor 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 familiar with any local labor law restrictions on withholding employee identification documentation.

• 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.

C. Erroneous Payment

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.

D. 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.

E. 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.

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.

F. Contract Administration Data

a) 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.

b) Government Personnel

Contracting Officer: Nicolas A. Wilhelm

Contract Administrator: Hakim Dyane E-mail address: DyaneA@state.gov

Contracting Officer's Representative (COR): TBA mailto:DyaneA@state.gov

G. 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.

H. 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.

I. Start / Period of Performance

Contract performance is estimated to start in the first quarter of calendar year 2024.

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 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.

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.

END OF SECTION 1

J. List Of Attachments

Attachment 1 Attachment 2 Attachment 3 Attachment 4

Key Personnel Past Performance and Experience IRS Form W-14 Instructions for Form W-14

SECTION 2 – CONTRACT CLAUSES

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 these address(es):

Referenced FAR and DOSAR provisions and clauses can be obtained from:

https://www.acquisition.gov

The following FAR and DOSAR clauses are incorporated by reference:

CLAUSE TITLE DATE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-6 Alt. I Restrictions on Subcontractor Sales to the Government

JUN 2020

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

JUN 2020

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

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance

AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

NOV 2021

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas (

APR 1984

52.228-5 Insurance-Work on a Government Installation JAN 1997

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

52.233-1 Disputes MAY 2017

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-3 Continuity of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes – Fixed Price AUG 1987

52.246-4 Inspection of Services-Fixed-Price AUG 1996

52.246-20 Warranty of Services MAY 2001

52.246-25 Limitation of Liability-Services FEB 1997

52.249-2 Termination for Convenience of the Government (Fixed Price)

APR 2012

652.225-71

Section 8(a) of the Export Administration Act of 1979, as Amended

AUG 1999

652.229-71 Personal Property Disposition at Posts Abroad. AUG 1999

652.237-72 Observance of Legal Holidays and Administrative Leave.

FEB 2015

The following clauses are provided in full text:

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.