19GE5024R0113 0002 - VSAT Addis Ababa OS.pdf

19GE5024R0113

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

3. EFFECTIVE DATE

08/26/2024

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

FRANKCODE

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT

GERMANY

Abdelhakim Dyane

NAME

TEL.

DyaneA@State.gov

EMAIL

6. ISSUED BY OPEAQMCODE

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

7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

19GE5024R0113

CONTACT: UEI:

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

07/19/2024

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

A. Provide Questions and Answers and the Specs of the current dish (See attachment 7 and 8)

B. Update the SLA availability from 99.9% to 99.5%, clarify the submittal of the Report Bandwidth Utilization that shall be submitted twice a week and update the evaluation criteria (Changes are marked in red). Offerors shall dispose of Section 1, Sub-Section IV, Section 1, Sub-Section V and Section 4 in the solicitation originally provided and replace it with the one hereto attached.

C. Extend the proposals submission deadline until no later than 1300hrs Central European Summer Time (CEST) on September 3, 2024.

D. All offerors shall submit a signed copy of this amendment with their proposal.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Jocabed Domingue

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

08/26/2024

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

CGFS // CGFS

Original Signed

IV. SPECIFICATIONS / STATEMENT OF WORK

A. Specific Requirement

The Telecommunication’s Internet Service Provider (ISP) contracting firm shall provide 90x90

Mbps symmetrical always up and unlimited internet connection via satellite for connecting

American Embassy, Addis Ababa, Ethiopia.

The following bandwidth capacity shall be available as option services for potential upgrades if needed: 110x110 Mbps, 130x130 Mbps, and 150x150 Mbps. This internet circuit shall be high-end, professional grade service that differs from the residential, dial up service. A dedicated (not shared or bundled) Internet Bandwidth, 24/7, “always-on” with unlimited usage is required.

Fiber optic cabling is preferred from the Modem to Post equipment. The ISP access circuit to the

Embassy shall meet the following specifications/ requirements for connectivity:

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

2. ISP interface connectors: LC fiber connector (MM-multimode) – Gigabit interface

3. ISP availability: "Always on"

4. ISP connection: IPs shall NOT repeat and NOT use Network Address Translation

(NAT).

5. ISP shall 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.

6. ISP shall permit installation of Customer Virtual Private Network (VPN) encryption devices on circuit.

7. ISP shall permit ping and trace route traffic from 169.252.0.0/16 and 169.253.0.0/16 to the ISP connection (LC fiber Gigabit MM router interface which terminates Customer

VPN encryption device).

8. High quality performance, the following parameters in a vendor’s Service Level

Agreement (SLA) shall be used:

a. Packet Loss <= 0.5%

b. Availability of 99.5%.

c. Latency RTT of packets < 700 milliseconds for internet service.

9. Multiple paths fault-tolerant connection from the Telecommunications Service Entrance

Facilities (TSEF) back to the United States or existing State Department gateway.

10. Documented escalation process for support with initial outage reporting to the customer within 10 minutes of discovery.

11. Customer access to web-based application providing at a minimum throughput and circuit availability data.

12. The ISP shall have a local technical support representative for on-site equipment and system installation and maintenance.

13. A local technical representative shall be dispatched to the Embassy within 6 hours after a system outage and shall restore the satellite service within 12 hours.

B. EQUIPMENT SPARES MAINTENANCE PLAN

The ISP shall improve the resiliency of the Embassy VSAT circuits through regular maintenance and “hot” spares. This shall satisfy the following three requirements:

1. Extending the life of in-use equipment.

2. Ease-of-access to on-site engineering support.

3. Immediate replacement of defective equipment.

The ISP shall provide the Embassy with a suite of equipment that shall operate as “hot” spares.

The equipment shall be able to be swapped out with the VSAT Outdoor Unit (ODU) and Indoor

Unit (IDU) in the event of an equipment failure. This shall mitigate the effect of any equipment outage, allowing services to be brought back online quickly.

The list of equipment needed at the Embassy is listed below:

• Block Upconverter (BUC)

• Low noise Block Down Converter (LNB)

• Satellite Modem

• Satellite Feedhorn

• RG-11 Cables

• Waveguide

• Connectors Kit

The Maintenance Plan shall be a yearly plan that provides the Embassy with the following:

• Engineer dispatch within 24-hours upon request from Embassy and arrival at location within 24-hours upon request.

• One (1) planned yearly maintenance visit per year to conduct the following:

o Cable re-termination o Electronics inspection and cleaning o Re-waterproof all equipment o Re-point and peak antenna o Review modem

• Two (2) ad-hoc service calls per year consisting of one (1) day of work each o Upon request from Embassy o Can perform any work required.

C. EQUIPMENT:

The ISP shall provide the required hardware and software license. The devices shall be used to support the VSAT service at the U.S. Embassy in Addis Ababa. The vendor shall ensure that the equipment can support the requested bandwidth upgrades.

The U.S. Embassy in Addis Ababa requires a Service Level Agreement (SLA) to be able to contact the Network Operation Center (NOC) to quickly troubleshoot and restore connectivity.

It is also expected for the NOC to contact the Embassy, should they see potential problems with connectivity.

Equipment Condition: New Equipment Only; NO remanufactured or “gray market” items. All items shall be covered by the manufacturer's warranty.

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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 in the Statement of Work with the standard and requirements detailed.

All required services are performed and no more than three (3) customer complaints are 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. DELIVERABLES

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

Description QTY Delivery Date Deliver to

Invoice 1 To be submitted monthly

Designated

Billing Office

Report bandwidth utilization and quality of service for the Satellite

Connection.

To be submitted Twice a week

COR

C. KEY PERSONNEL

The U.S. Government considers the contractors 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 shall notify the contractor within 15 calendar days after receipt of all required information of the decision on the substitution.

D. RECRUITMENT 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 documents or 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.

E. 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.

F. 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.

G. Laws And Regulations

• Compliance Required

If the contractor has or will establish a local office, he shall, without additional expense to the

USG, 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.

H. 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

I. 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.

Advance Payment shall not be authorized under this contract.

J. 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.

K. 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.

L. Start / Period of Performance

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

The required circuits shall be installed and delivered to the Destination Point on or before 30

Days after Contract Award. Upon successful installation and acceptance by the Government of the required circuit under Section C, the Contractor shall be provided, in writing, notice to proceed and shall provide contractual services for a twelve (12) month period, commencing on the date specified in the notice to proceed.

mailto:DyaneA@state.gov

The period of performance is for 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.

M. List Of Attachments

Attachment 1

Attachment 2

Attachment 3

Attachment 4

Attachment 5

Attachment 6

Attachment 7 Attachment 8

Key Personnel

Past Performance and Experience

IRS Form W-14

Instructions for Form W14

C-SCRM-Questionnaire

Pricing

Questions and Answers Specs of current Dish

END OF SECTION 1

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SECTION 4 – EVALUATION FACTORS

EVALUATION PROCESS AND FACTORS

(a) The Government will award a contract resulting from this solicitation to responsible offerors

(as determined within the meaning of FAR Part 9, paragraph 9.104), whose offer, conforming to the solicitation, will be the most advantageous to the Government. The evaluation shall include the following:

• Compliance Review

• Technical Capability Evaluation

• Past Performance Review

• Price Evaluation

1. BASIS FOR CONTRACT AWARD:

The Government’s evaluation of offeror’s proposals will be conducted utilizing the evaluation factors of:

1. Technical Capability

2. Price

Lowest Price, Technically Acceptable (LPTA) evaluation approach in accordance with FAR Part

15; whereby the Government seeks to award on the basis of the lowest evaluated price of proposals which meet the listed technical specifications and past performance. Under the LPTA evaluation process, trade-offs will NOT be permitted between price, and the non-price factors.

Only one award will be made as a result of this solicitation.

The Government reserves the right to award a contract without discussions. Upon completion of the Government’s initial evaluation of proposals, exchanges with offerors may occur, for purpose of clarifications and communications in accordance with FAR Part 15. The Government reserves the right to conduct discussions with offerors for the purpose of negotiations at any point during the evaluation if deemed in the best interest of the Government. Once discussions, if conducted, have been concluded, the Contracting Officer will request Final Proposal Revisions from each of the offerors remaining within the competitive range.

A. Compliance Review. The Government will perform an initial review of proposals received to determine completeness and compliance with the terms of the solicitation. The Government may reject as unacceptable proposals which do not conform to the solicitation.

B. Technical Capability:

Tab A – Management Approach / Planning

1) Work Plan

2) Key Personnel

3) Authorization and performance

4) Combatting Trafficking in Person Compliance Plan

Tab B – Business Management

1) Personnel, equipment & financial resources

2) Liability Insurance

3) Subcontractor information

Tab C – Past Performance & Experience

Tab D – C-SCRM Questionnaire

C. Price Evaluation

A Lowest Price Technically Acceptable (LPTA) Source Selection Process in accordance with

FAR part 15.101-2 will be utilized for the purpose of the Government’s evaluation of proposals and resultant award determination.

Under the LPTA evaluation process, Technical Capability will be evaluated and rated on an acceptable or unacceptable basis whereby unacceptability of any respective sub-factor will result in an unacceptable technical capability-rating. In addition, ratings for past performance will be assigned utilizing an evaluation basis of acceptable or unacceptable.

2. EVALUATION FACTORS FOR AWARD:

Technical Capability: The government will evaluate technical proposals and the below listed sub-factors on an acceptable or unacceptable basis.

An unacceptable rating for any of the sub-factors will result in an unacceptable rating for the

Technical Capability primary factor.

A rating of the Technical Capability will be determined using the following ratings and descriptions: Highly Qualifies, Qualifies, Marginally Qualifies, Unqualified.

Technical Capability shall be evaluated against the following sub-factors where all sub-factors are considered equal:

Factor 1: Management Approach / Planning shall include the following sub-factors

Sub-Factor 1: Work Plan

The Government will evaluate the extent to which the Work Plan provides evidence of a framework for the Offeror’s process for delivering quality services that clearly outlines “how” the contractor will achieve results to provide the services and equipment requested under the

Statement of Work. That includes a transition plan and information and specifications about the equipment to be used and installed and detailed technical specifications, delivery and connectivity path.

The Government will evaluate the extent to which the ISP is able to provide local technical support for on-site equipment and system installation and maintenance and ensuring the dispatching of the local technician to the Embassy is performed within 6 hours after a system outage to restore the service within the timeframe specified in the SOW.

Sub Factor 2: Key Personnel

The Government will evaluate the extent to which the Offeror’s approach to providing Key

Personnel Positions and the qualification of proposed key personnel. Offerors shall submit resume for key personnel positions with offeror’s technical proposal.

The Government considers the offeror´s Project Manager to be key personnel under the resulting contract from this solicitation.

Sub Factor 3: Authorization and Performance

The Government will evaluate the offerors ability to perform in the country of performance. The offeror shall possess an authorization to conduct business in the country of Ethiopia.

Sub Factor 4: Combatting Trafficking in persons Compliance plan

The Government will evaluate the offerors compliance plan prepared in accordance with 52.222-

56.

Factor 2: Management Plan shall include the following sub-factors

Sub-Factor 1: Personnel, equipment and financial resources

The Government will evaluate the extent to which the Offeror has demonstrated they have the personnel, equipment and financial resources required to provide the services and perform on a contract of the complexity and magnitude laid out in this solicitation.

Sub-Factor 2: Liability insurance

The Government will evaluate the extent to which the offeror has provided the required proof of insurance.

Sub-Factor 3: Sub-Contractor Information

The Government will evaluate the extent to which the offeror has provided the required information on sub-contractors.

Factor 3: Past Performance

The Government will evaluate the extent to which the offeror’s proposal includes a maximum of three (3) past performance records with customer references for whom services have been or are being performed that meet the regency and relevancy requirements and demonstrate the offeror’s capability to successfully perform the requirements of the Statement of Work.

The Government may contact references to verify the past performance. If the Government is aware of contracts that meet the requirements of this solicitation but have not been included in the projects submitted, it may evaluate those contracts in addition to those submitted.

The evaluation of past performance information will result in an overall assessment of acceptable or unacceptable as follows:

Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.

Unacceptable: Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort

Factor 4: C-SCRM Go/No-Go Evaluation Factor

This factor is evaluated on a go/no-go basis. The Government will evaluate whether the submitted C-SCRM Questionnaire meet the definition for the “Acceptable” or “Unacceptable” ratings for this factor. The “Acceptable” and “Unacceptable” ratings and their definitions are as follows:

Rating Rating Definition

ACCEPTABLE

The proposal meets the criteria in the following two (2) paragraphs.

The C-SCRM Questionnaire contains both the following: (1) C-SCRM

Questionnaire instructions are completed; and (2) contains Yes answers for all questions in Sections 2 and 3 of the questionnaire.

UNACCEPTABLE

The proposal does not meet one (1) or more of the criteria in the following two

(2) paragraphs.

The C-SCRM Questionnaire contains both the following: (1) C-SCRM

Questionnaire instructions are completed; and (2) contains Yes answers for all questions in Sections 2 and 3 of the questionnaire.

Technical Evaluation: As a result of the government’s evaluation of the aforementioned technical sub-factors of Management Approach/Planning, Business Management Proposal, Past

Performance and C-SCRM and all associated elements accordingly, a rating of the Technical

Capability of the offer will be determined using the following ratings: ACCEPTABLE or

UNACCEPTABLE.

Price Evaluation. The offeror's price will be determined by multiplying the offered prices times the estimated quantities, and arriving at a grand total, including all options.

Responsibility Determination. The Government will determine contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:

1) adequate financial resources or the ability to obtain them;

2) ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;

3) satisfactory record of integrity and business ethics;

4) necessary organization, experience, and skills or the ability to obtain them;

5) necessary equipment and facilities or the ability to obtain them; and

6) otherwise qualified and eligible to receive an award under applicable laws and regulations.

Award Selection:

(a) Each proposal shall be evaluated according to the evaluation factors stated above. The prices of all technically acceptable firms will then be reviewed and the award selection will go to the lowest evaluated price, technically acceptable, responsible offeror. Unsuccessful offerors will be notified in accordance with part FAR 15.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

3. AWARD WITHOUT DISCUSSIONS

In accordance with FAR Provision 52.215-1 (incorporated by reference) offerors are reminded that the Government may award this contract based on initial proposals and without holding discussions, pursuant to FAR 15.306(a)(3).

Therefore, it’s in your best interest to offer your best price and technical terms in your initial proposal.

ADDENDUM TO EVALUATION FACTORS

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement

(ii) price

(iii) past performance (see FAR 15.304)

Technical and past performance, when combined, are significantly less important than cost or price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option (s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer ’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.217-5 – EVALUATION OF OPTIONS (JUL 1990)

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

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

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using the exchange rate used by the Embassy in effect as follows:

a. For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

b. For acquisitions conducted using negotiation procedures—

(1) On the date specified for receipt of offers, if award is based on initial offers;

otherwise

(2) On the date specified for receipt of proposal revisions.

END OF SECTION 4

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19GE5024R0113 - Section 4