19GE5024R0113 - Solicitation VSAT Addis Ababa OS.pdf

19GE5024R0113

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5024R0113

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

DATE

07/19/2024

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

08/16/2024 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

ADDISCODE15. DELIVER TO

AMERICAN EMBASSY ADDIS ABABA

ENTOTO STREET

ATTN: IPO/IMO

ADDIS ABABA, ETHIOPIA

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 ADDIS ABABA

ENTOTO ROAD, P.O.BOX 1014

ATTN: FMC

ADDIS ABABA, ETHIOPIA

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 07/19/2024

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

Original Signed

Line Item Summary

Solicitation Number:

19GE5024R0113

Contract Number: Title: Satellite Internet Connection - Addis Ababa

Date of Solicitation:

07/19/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 CLIN 001

Delivery, Installation phase and Dedicated Internet Bandwidth via Satellite

BASE YEAR

inclusive of sub CLINs 0001 through 0008 as per attached pricing sheet Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

BASE PERIOD

002 CLIN 002

Value Added Tax (VAT), if applicable (base Year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

BASE PERIOD

003 CLIN 003

Defense Base Act (DBA) insurance, if applicable (base Year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

BASE PERIOD

101 CLIN 101

Delivery, Installation phase and Dedicated Internet Bandwidth via Satellite (first option year) inclusive of sub CLINs 1001 through 1008 as per attached pricing sheet Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

102 CLIN 102

Value Added Tax (VAT), if applicable (first option year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

103 CLIN 103

Defense Base Act (DBA) insurance, if applicable (first option year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

201 CLIN 201

Delivery, Installation phase and Dedicated Internet Bandwidth via Satellite (second option year) inclusive of sub CLINs 2001 through 2008 as per attached pricing sheet Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

202 CLIN 202

Value Added Tax (VAT), if applicable (second option year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

Line Item Summary

Solicitation Number:

19GE5024R0113

Contract Number: Title: Satellite Internet Connection - Addis Ababa

Date of Solicitation:

07/19/2024

Line Item No.

Description Quantity Unit Unit Price Total Cost

203 CLIN 203

Defense Base Act (DBA) insurance, if applicable (second option year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

301 CLIN 301

Delivery, Installation phase and Dedicated Internet Bandwidth via Satellite (third option year) inclusive of sub CLINs 3001 through 3008 as per attached pricing sheet Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

302 CLIN 302

Value Added Tax (VAT), if applicable (third option year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

303 CLIN 303

Defense Base Act (DBA) insurance, if applicable (third option year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

401 CLIN 401

Delivery, Installation phase and Dedicated Internet Bandwidth via Satellite (fourth option year) inclusive of sub CLINs 4001 through 4008 as per attached pricing sheet Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

402 CLIN 402

Value Added Tax (VAT), if applicable (fourth option year) Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 LT $0.00 $0.00

403 CLIN 403

Defense Base Act (DBA) insurance, if applicable (fourth option year) 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 (MAY 2024)

52.216-19 – ORDER LIMITATIONS (OCT 1995)

52.216-22 – INDEFINITE QUANTITY (OCT 1995)

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

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

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)

Cybersecurity Supply Chain Risk Management Requirements (FEB 2023)

SECTION 3 - SOLICITATION PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

Instructions to Offerors (Proposal Submission):

Pre-proposal conference Submission of questions Proposal Due Date

52.252-1 – SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

52.216-1 – TYPE OF CONTRACT (APR 1984)

52.233-2 - SERVICE OF PROTEST (SEPT 2006)

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)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-26 Covered Telecommunications Equipment Or Services-Representation (OCT 2020) 52.212-3 Offeror Representations and Certifications – Commercial Items (MAY 2024)

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (OCT 2020)

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

The remainder of this page is intentionally left blank

SECTION 1 – THE SCHEDULE

I BACKGROUND / SCOPE OF SERVICES

A. The Contractor shall provide unlimited internet connection via satellite for connecting the

American Embassy, Addis Ababa, Ethiopia.

The Contractor shall provide the services, as described in Section 1, Sub Section IV

Specifications / Statement of Work.

B. The contract resulting from this solicitation shall be a Firm Fixed-Price single indefinite-quantity indefinite-delivery (IDIQ) contract under which may be placed firm-fixed price delivery orders. The fixed prices are listed with Attachment 6 – Pricing.

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

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

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

The maximum dollar value during the entire life of this contract is $4,990,000.00.

II ACRONYMS AND ABBREVIATIONS

Acronym Definition

CLIN Contract Line Item Number

CO Contracting Officer

COR Contracting Officer´s Representative

FMO Financial Management Office

QA Quality Assurance

SOW Statement of Work

USG United States Government

III PRICES

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

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

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

B. VAT – if applicable, the contractor shall be responsible for paying to the appropriate authority the applicable rate of Value Added Tax (VAT). Offerors shall identify the

VAT as a separate line item. The VAT shall also be a separate cost item on all invoices submitted against task orders under the resulting contract. The contractor will be reimbursed for VAT only up to the amount listed in each task order and upon presentation of proof that VAT has been paid to the host country government. If the contractor receives a VAT refund from the host government he shall re-pay the refund amount to the U.S. Government.

C. Offeror shall insert the currency the prices are offered in:

D. Pricing Schedule

The fixed prices for the services as specified in Section IV are set forth in Attachment 6

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

E. Defense Base Act (DBA) Insurance

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$3,500.00. Only the countries listed currently on the

Department of Labor’s (DOL) Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas. See website for country waivers:

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

Ethiopia is currently not on the DBA waiver list.

DBA insurance is required for United States citizens or residents and individuals hired in the United States, Host Country Nationals (HCNs) and Third Country Nationals (TCNs).

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

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

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

(APR 1984). New DBA insurances policies can be purchased directly from any DOL

(Department of Labor) approved insurance carrier. A list of DOL approved carriers may be found at: http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in Attachment

6 – Pricing.

F. JAMES ZADROGA 9/11 VICTIMS HEALTH AND COMPENSATION ACT OF

2010 NOTICE:

UNLESS A WAIVER OR EXCEPTION APPLIES, PAYMENTS SUBSEQUENT TO

THIS PROCUREMENT ARE SUBJECT TO AN EXCISE TAX OF 2% PERSUANT

TO 26 U.S.C. 5000C.

http://www.dol.gov/owcp/dlhwc/lscarrier.htm

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 <= 2%

b. Availability of 99.9%.

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.

The remaining of this page is intentionally left blank

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

Bi-weekly report bandwidth utilization and quality of service for the Satellite

Connection.

1 Bi-weekly 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 Key Personnel

Attachment 2 Past Performance and Experience

Attachment 3 IRS Form W-14

Attachment 4 Instructions for Form W14

Attachment 5 C-SCRM-Questionnaire

Attachment 6 Pricing

END OF SECTION 1

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. In addition, the full text of a clause may be accessed electronically at

Acquisition.gov.

This address is subject to change.

If the Federal Acquisition Regulation (FAR) is not available at the location indicated above, use the Department of State Acquisition website at e-CFR to see the links to the FAR. You may also use an Internet “search engine” (for example, Google, Yahoo or Excite) to obtain the latest location of the most current FAR.

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

NOV 2021

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

NOV 2023

52.204-9 Personal Identity Verification of Contractor

Personnel

JAN 2011

52.204-12 Unique Entity Identifier Maintenance OCT 2016

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 2023

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

MAR 2023

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996 https://acquisition.gov/browse/index/far https://gov.ecfr.io/cgi-bin/text-idx?SID=d9a7851186785ba2b1896db79b1b6b29&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

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

52.244-6 Subcontracts for Commercial Products and

Commercial Service

FEB 2024

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

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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the

Contractor is notified of such by a subcontractor at any tier or by any other source, the

Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting

Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the

Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAY 2024)

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

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance…