19GE5025R0084.pdf

Document Number: 19GE5025R0084 Page 1 of 84

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30 1. REQUISITION NUMBER PAGE 1 OF 12

5. SOLICITATION NUMBER

19GE5025R0084

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE

See Block 31c

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

06/18/2025

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Ielyzaveta M Ishchenko

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

07/15/2025 14:00

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

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED WOMEN-

OWNED SMALL BUSINESS (EDWOSB)

8(A)

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS BLOCK IS

MARKED

0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

REQUEST

FOR

QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

X REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

CODE15. DELIVER TO 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

SUVA_19005CODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY SUVA

158 PRINCES ROAD, PO BOX 218

ATTN: FMO

SUVA, FIJI

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 NUMBER 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 Information

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

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

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) Daniel J Jackson

31c. DATE SIGNED 06/18/2025

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

Document Number: 19GE5025R0084 Page 2 of 84

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

Document Number: 19GE5025R0084 Page 3 of 84

Section A - Solicitation/Contract Form

Line Item Summary

Solicitation Number:

19GE5025R0084

Contract Number: Title:

Cell Phone Services, U.S. Embassy Suva, Fiji

Date of Solicitation:

06/18/2025

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: DG11

PSC Description: IT AND TELECOM - NETWORK -

TELECOM ACCESS SERVICES

Type of Contract Pricing: Firm Fixed Price

1.0 EA $0.00 $0.00

Period of Performance: 08/01/2025 - 07/31/2026

Description: BASE YEAR - August 1, 2025 - July 31, 2026 Cell Phone Services for U.S. Embassy Suva, Fiji Pricing as detailed in Attachment I - Pricing

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: DG11

PSC Description: IT AND TELECOM - NETWORK -

TELECOM ACCESS SERVICES

Type of Contract Pricing: Firm Fixed Price

1.0 EA $0.00 $0.00

Period of Performance: 08/01/2026 - 07/31/2027

Description: FIRST OPTION YEAR - August 1, 2026 - July 31, 2027 Cell Phone Services for U.S. Embassy Suva, Fiji Pricing as detailed in Attachment I - Pricing

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: DG11

PSC Description: IT AND TELECOM - NETWORK -

TELECOM ACCESS SERVICES

Type of Contract Pricing: Firm Fixed Price

1.0 EA $0.00 $0.00

Period of Performance: 08/01/2027 - 07/31/2028

Description: SECOND OPTION YEAR - August 1, 2027 - July 31, 2028 Cell Phone Services for U.S. Embassy Suva, Fiji Pricing as detailed in Attachment I - Pricing

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: DG11

PSC Description: IT AND TELECOM - NETWORK -

TELECOM ACCESS SERVICES

Type of Contract Pricing: Firm Fixed Price

1.0 EA $0.00 $0.00

Period of Performance: 08/01/2028 - 07/31/2029

Description: THIRD OPTION YEAR - August 1, 2028 - July 31, 2029 Cell Phone Services for U.S. Embassy Suva, Fiji Pricing as detailed in Attachment I - Pricing

Number Supplies or Services Qty Unit Unit Price Total (Inc. disc., tax, and fees)

PSC: DG11

PSC Description: IT AND TELECOM - NETWORK -

TELECOM ACCESS SERVICES

Type of Contract Pricing: Firm Fixed Price

1.0 EA $0.00 $0.00

Period of Performance: 08/01/2029 - 07/31/2030

Description: FOURTH OPTION YEAR - August 1, 2029 - July 31, 2030 Cell Phone Services for U.S. Embassy Suva, Fiji Pricing as detailed in Attachment I - Pricing

Document Number: 19GE5025R0084 Page 4 of 84

CLIN Funding: Cost:

Base Totals: $0.00 $0.00

Exercised Options Totals: $0.00 $0.00

Unexercised Options Totals: $0.00 $0.00

Base and Options Totals: $0.00 $0.00

The remainder of this page is left intentionally blank.

Cell Phone Services U.S. Embassy Suva, Fiji Solicitation No. 19GE5025R0084 Page 5 of 84

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION I – THE SCHEDULE

I.1 SUPPLIES OR SERVICES AND PRICES / COSTS

I.1.1 BACKGROUND / SCOPE OF SERVICES

I.1.2 TYPE OF CONTRACT

I.1.3 MINIMUM

I.1.4 PRICING

I.1.5 ABBREVIATIONS

I.2 SPECIFICATIONS / STATEMENT OF WORK

I.2.1 GENERAL INFORMATION

I.2.3 U.S. EMBASSY OWNED AVAILABLE DEVICES

I.2.4 BILLING FOR SERVICES

I.2.5 TECHNCIAL SUPPORT

I.3 CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

I.3.1 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

I.3.2 DELIVERABLES

I.3.3 REPORT REQUIREMENTS

I.3.4 ERRONEOUS PAYMENT

I.3.5 KEY PERSONNEL

I.3.6 PHYSICAL AND INFORMATION SECURITY REQUIREMENTS

I.3.7 LAWS AND REGULATIONS

I.3.8 CONTRACT ADMINISTRATION DATA

I.3.9 INVOICES, REVIEW AND PAYMENT

I.3.10 CHANGES IN OWNERSHIP

I.3.12 CHOICE OF LAW

I.3.12 START / PERIOD OF PERFORMANCE

I.3.13 LIST OF ATTACHMENTS

SECTION II - CONTRACT CLAUSES

II.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

II.2 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

II.3 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (JAN 2025) (DEVIATION FEB 2025)

II.4 FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV

2021) 35

II.5 FAR 52.216-18 ORDERING (AUG 2020)

II.6 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

II.7 FAR 52.216-21 REQUIREMENTS (OCT 1995)

II.8 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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II.9 FAR 52.217-5 EVALUATION OF OPTIONS (JULY 1990)

II.10 FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

II.11 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

II.12 652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG

1999) 41

II.13 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE ((COR) AUG 1999)

II.14 652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

II.15 652.243-70 NOTICES (AUG 1999)

SECTION III - SOLICITATION PROVISIONS

III.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) 43

III.2 FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

III.3 INSTRUCTIONS TO OFFERORS

III.4 PRE-PROPOSAL CONFERENCE

III.5 SUBMISSION OF QUESTIONS

III.6 PROPOSAL DUE DATE

SECTION IV - EVALUATION FACTORS FOR AWARD

52.217- 5 – EVALUATION OF OPTIONS (JUL 1990)

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

SECTION V - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS OR RESPONDENTS

V.1 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

V.2 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

V.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

V.4 FAR 52.209-11 REPRESENTATION BY CORPORATONS REGARDING AN UNPAID

TAX LIABILITY OR A FELONY CRIMINAL CONVITION UNDER ANY FEDERAL LAW (FEB

2016) 81

V.5 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE

PLAN (OCT 2020)

V.6 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE AND

REPRESENTATION (JUN 2020)

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SECTION I – THE SCHEDULE

I.1 SUPPLIES OR SERVICES AND PRICES / COSTS

I.1.1 BACKGROUND / SCOPE OF SERVICES

The Contractor shall provide mobile telephone services to Embassy of the United States of America in Suva, Fiji.

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

The Contractor shall provide the services, as described in section I.2 Specifications / Statement of Work.

I.1.2 TYPE OF CONTRACT

The contract resulting from this solicitation shall be a Firm Fixed-Price contract under which annual firm-fixed price task orders will be issued. The contract shall remain unfunded. The fixed prices are listed with Attachment 1 – Pricing.

I.1.3 MINIMUM

(Reference Section II.9, 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 $1,200,000.00.

I.1.4 PRICING

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

Any costs not separately priced will be 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.

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I.1.5 VAT

Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period.

I.1.6 CURRENCY

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

The offeror shall insert the prices, and the currency in which the offer is made, below:

Currency: ________________

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.

The fixed prices for the services as specified in Section I.2 are set forth in Attachment 1 – Pricing Schedule (to be submitted by Offeror as part of proposal and made part of the contract with award), are specified below:

ATTACHMENT 001 – PRICES WILL BE INSERTED HERE

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ATTACHMENT 001 – PRICES WILL BE INSERTED HERE

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I.1.5 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

I.2 SPECIFICATIONS / STATEMENT OF WORK

I.2.1 GENERAL INFORMATION

The Contractor shall provide mobile telephone services to Embassy of the United States of America in Suva, Fiji. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

Temporary Additional Services are defined as rental on a daily basis of cell phones with SIM cards.

These services shall support special events at the Post. The Contractor shall provide Temporary Additional Services in addition to the Standard Services specified in this contract. The Contracting Officer shall order Temporary Additional Services on an as needed basis. This work shall not be subcontracted. The Contracting Officer may require the Contractor to provide Temporary Additional Services with 24 hours advance notice.

The Contractor shall include in its next regular invoice details of the Temporary Additional Services and, if applicable, the materials provided and requested under Temporary Additional Services. The Contractor shall also include a copy of the Contracting Officer’s written confirmation for the Temporary Additional Services.

I.2.2 MINIMUM REQUIREMENTS

The Contractor shall provide the following as a minimum:

1. Calls within Fiji:

Description Est Monthly Qty Unit Calls to another network 100,000 min per month Calls within network unlimited per month Local calls to a landline 13,000 min per month Calls within Embassy “Mobile” Group unlimited Per month

2. International Calls:

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USA 7,500 min. per month Australia/NZ 1,500 min. per month Papua New Guinea 900 min. per month Tonga 300 min. per month Solomon Islands 300 min. per month Tuvalu 120 min. per month Nauru 120 min. per month Kirbati 120 min. per month East Asia (e.g. Thailand, Japan, Hongkong, Malaysia)

120 min. per month

North Pacific (Marshalls, FSM) 120 min. per month French Polynesia (e.g. New Caledonia /Wallis & Futuna/Tahiti)

120 min. per month

Rest of world 600 min. per month

3. International Roaming:

Outgoing Calls 4,000 min. per month Incoming Calls 4,000 min. per month

4. Data:

Within Fiji 50,000 MB per MB Outside Fiji 50,000 MB per MB

5. SMS:

Sent from within Fiji 34,000 SMS per SMS Sent from outside Fiji 7,000 SMS per SMS

Additional Requirements:

• The Embassy reserves the right to suspend any number during the duration of the Contract. De-activation and re-activation of the suspended number should be at no cost to the Embassy. The vendor is required to reserve the suspended numbers for the duration of the Contract should the Embassy require it to be re-activated later.

• Embassy to provide the contractor with voice, data, roaming, credit limit plans when activating, either activating a new sim/number, or any other changes to an existing number.

• The Contractor shall provide the COR with the embassy phone listings on a quarterly basis or upon requested.

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• The Contractor shall state on quote if there is an online portal available to the Embassy to perform admin tasks but limited to Embassy information.

• The Contractor shall provide monthly option plans if any.

I.2.3 U.S. EMBASSY OWNED AVAILABLE DEVICES

iPhone Models:

• iPhone SE Gen2

• iPhone SE Gen3

• 11 Max Pro Max, 11 Pro, iPhone11

• iPhone 12, iPhone 12 Mini, iPhone 12Pro, iPhone 12 Pro Max

• iPhone 13, iPhone 13 Mini, iPhone 13 Pro, iPhone 13 Pro Max

• iPhone 14, iPhone Plus, iPhone 14 Pro, iPhone Pro Max

• iPhone 15, iPhone Plus, iPhone 15 Pro, iPhone Pro Max

• iPhone 16, iPhone 16Plus, iPhone 16 Pro, iPhone 16 Pro Max

• XS & XS Max

Android Models:

• Samsung Galaxy S20 Ultra

• Samsung Galaxy S20 Tactical Edition

• Samsung Galaxy S20 5G

• Samsung Galaxy S10 e

• Samsung Galaxy S10

• Samsung Galaxy S10 5G

• Samsung Galaxy S10+

• Samsung Galaxy S21 5G

• Samsung S22

• Samsung S22 Ultra

• Samsung S22

• Samsung S23 iPad Models:

• iPad Pro 12.9” [Gen 6]

• iPad Pro 10.5” [Gen 1]

• iPad Pro 11, iPad Pro 11 [2nd Gen]] , iPad Pro 11 [3rd Gen], iPad Pro [4th Gen

• iPad Pro 9.7

• iPad 12.9” [Gen3]

• iPad 10.2” [Gen 7]

• iPad Air – 3rd, 4th, 5th, Gen.

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I.2.4 BILLING FOR SERVICES

The contractor shall provide direct billing and shall bill in arrears on a monthly basis. The contractor shall ensure that each invoice contains all pricing components in sufficient detail to reconcile charges with completed orders or actual usage. The contractor shall ensure that all charges, credits, and debits are shown on the invoice and that no additional data are required by the American Embassy to verify the price of a call or feature and to verify the amount of discounts, credits or debits. If the Government requests Temporary Additional Services, the contractor shall make available the usage details, within seven (7) calendar days following the period being billed provided in an Excel spreadsheet format.

I.2.5 TECHNCIAL SUPPORT

The Contractor shall provide technical support to settle problems, which may arise during the performance of this contract.

I.3 CONTRACT ADMINISTATIVE REQUIREMENTS AND PROCEDURES

I.3.1 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

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

Performance Objective Performance Work Statement

Performance Threshold

Performs all services set forth in the scope of work.

Section I.2

All required services are performed and no more than two (2) 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

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a. If USG personnel observe unacceptable services such as but not limited to lack of coordination during medical evacuation, extended referral periods, delays in receipt of payment, etc., they will 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, provide e-mail notification informing the contractor of any valid complaints.

f. If the contractor disagrees with the complaint and challenges the validity of the complaint, the contractor shall notify the COR by e-mail. 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.

I.3.2 DELIVERABLES

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

U.S. SUVA, FIJI

Attn: TBD (Contact details to be provided in contract document)

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

Description QTY Delivery Date Deliver to Invoice

1 To be submitted monthly Designated Billing Office:

SuvaUSEmbBilling@state.gov mailto:SuvaUSEmbBilling@state.gov

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I.3.3 REPORT REQUIREMENTS

The Contractor shall provide the following monthly report. The report shall be received by the COR no later than the 10th day of each month. The report shall report on the previous month's activities.

(a) Employee Claims Report. The report shall list all claims paid by the Contractor to a claimant, including the name of the claimant, date claim is received by the Contractor, and the amount claimed. This report shall also include all outstanding claims and a brief description of why claim has not been paid.

I.3.4 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.

I.3.5 KEY PERSONNEL

The US Government considers the contractors Project Manager as Key Personnel for this contract.

The Project Manager shall hall have minimum of 3 years of relevant experience and be able to converse in English.

During the entire performance period of this contract, the contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The contractor shall notify the Contracting Officer Representative within 15 calendar days after the occurrence of any of these events. The proposed substitute shall possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation / contract. The Contracting Officer Representative will notify the contractor within 15 calendar days after receipt of all required information of the decision on the substitution.

I.3.6 PHYSICAL AND INFORMATION SECURITY REQUIREMENTS

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

• 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

Cell Phone Services U.S. Embassy Suva, Fiji Solicitation No. 19GE5025R0084 Page 16 of 84 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.

I.3.7 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.

I.3.8 CONTRACT ADMINISTRATION DATA

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

Government Personnel

Contracting Officer: Daniel J. Jackson

Contract Administrator: Ielyzaveta Ishchenko E-mail address: IshchenkoIM@state.gov

Contracting Officer's Representative (COR): named at time of award mailto:IshchenkoIM@state.gov

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I.3.9 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 on a monthly basis, in the currency the contractor specified in I.1.6 Currency.

Advance Payment shall not be authorized under this contract.

I.3.10 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.

I.3.12 CHOICE OF LAW

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

I.3.12 START / PERIOD OF PERFORMANCE

Contract performance is estimated to start August / September 2025.

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

The Government may extend this contract in accordance with the option clause in Section II.12, 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 II.11, 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.

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I.3.13 LIST OF ATTACHMENTS

o Attachment 1 Pricing o Attachment 2 Past Performance o Attachment 3 Form W-14 o Attachment 4 C-SCRM Questionnaire

(END OF SECTION I)

The remainder of this page is left intentionally blank.

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SECTION II - CONTRACT CLAUSES

II.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at these address (es):

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

https://www.acquisition.gov/browse/index/far

The following FAR and DOSAR clauses are incorporated by reference:

Clause Title 52.202-1 Definitions (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

The following clauses are provided in full text:

II.2 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.

If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

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(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance

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(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

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(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

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(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

II.3 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025) (DEVIATION FEB 2025)

(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 Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C.

3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108- 78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

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

X (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier…