Questions and Answers.pdf

SENSITIVE BUT UNCLASSIFIED

Questions (1): Can you please further elaborate NEA in Section One – Pricing Schedule?

Answer: (NEA), the average rate for this CLIN should only include United Arab Emirates, Algeria, Iraq, Lebanon, Egypt, Morocco, Syria, Saudi Arabia, Qatar, Israel, Jerusalem, Kuwait, Bahrain, Oman, Yemen, Libya and Tunisia. Refer to section one point 22 “LIST OF COUNTRIES TO BE INCLUDED IN THE PRICE

CHART IN SECTION ONE”.

Questions (2): Regarding the below point please advise what is meant by a waiver or exception and what is concerned party to issue such an exception as we need to check the impact on our company is this won’t be considered a local tax.

Answer: Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). At this time, Jordan does not qualify for a waiver or exemption. The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service

Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14 . Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS

Form W-14 is provided to the acquiring agency rather than to the IRS. If exemption is not available at

26 CFR 1.5000C-1(d)(5) through (7), the U.S. Embassy are obligated to withhold and it computes the amount of withholding (2%) and will be deducted from each invoice submitted by the contractor.

Questions (3): The amount of all orders shall not exceed 2500 active accounts per year. What if maximum is exceeded? Will the Embassy control the activation? Or shall we refuse to provide more lines?

Answer: The Contracting Officer’s Representative (COR) will ensure the contractor meets the commitment of the contract. The contractor should reject any request that exceeds the contract requirements and ordering limitations.

Questions (4): Group Two (2) Smart, this data shall be transmitted over at least a 4G network. 4G availability will follow the coverage Maps provided in the technical proposal.

Answer: The Contractor shall ensure 24-hour basis connectivity in accordance with section one point 1.1 “CALLS AND DATA SERVICE WITHIN JORDAN”. The contractor is also required to submit a plan of ensuring quality of services including but not limited to contract administration and oversight for evaluation, refer to section 3 point 6(c).

http://www.irs.gov/w14

Questions (5): Group Two (3) Data Only, this data shall be transmitted over at least a 4G network.

4G availability will follow the coverage Maps provided in the technical proposal.

Answer: The Contractor shall ensure 24-hour basis connectivity in accordance with section one point 1.1 “CALLS AND DATA SERVICE WITHIN JORDAN”. The contractor is also required to submit a plan of ensuring quality of services including but not limited to contract administration and oversight for evaluation, refer to section 3 point 6(c).

Questions (6): At no time shall the provider deactivate any services until notified by the COR through verbal or e-mail correspondence. On the first day of the following month, any services that were deactivated with COR approval shall be automatically reinstated. We shall have the right to deactivate any service / disconnect in the cases mentioned in the Services TRC contract or in case of payment issues

Answer: At no time shall the provider deactivate any services until notified by the COR through verbal or e-mail correspondence. Payment shall be made in local currency by Electronic Funds

Transfer (EFT) and within 30 days after receipt of the proper invoice, refer section one point 3(e) and (g) “INVOICING”.

Questions (7): Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable local laws. To be amended as follows: Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required to be provided by the Contractor for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable local laws.

Answer: The offeror shall address its plan to obtain all licenses and permits required by local law

(see DOSAR 652.242-73 in Section 2). If offeror already possesses the locally required licenses and permits, a copy shall be provided. Refer to section 3 point 5.

Questions (8): The Government intends to use Government Owned Equipment and Accessories, including mobile devices. The Contractor shall provide a fully functional SIM card, telephone number, and appropriate security codes for all existing Government cellphones. What is meant by appropriate security codes?

Answer: Personal unlock key (PUK), the user will need this code in case the SIM card is locked due to entering the wrong PIN 3 times.

Questions (9): Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. To amended as follows: Any information made available to the Contractor by the

Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract and\or required by law.

Answer: Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

If necessary, the contractor must obtain the Embassy approval before divulging any information.

Questions (10): After contract award, the Government may, pursuant to FAR clause 52.212-4 –

Contract Terms and Conditions – Commercial Items, paragraph (c), Changes, request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology. To be amended by adding subject to Contractor approval.

Answer: The Contractor may propose for the Government’s technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the

Government, a demonstration of the substitute product may be required. The Government is under no obligation to modify the contract in response to the proposed additions or substitutions.

Refer section one point 10 “TECHNOLOGICAL REFRESHMENT”.

Questions (11): The Contracting Officer will issue delivery orders to order services to the Contractor for performance of work under this contract. If an order is given orally, it will be followed up by a written delivery order within seven (7) calendar days. Amended clause to be: The Contracting Officer will issue delivery orders to order services to the Contractor for performance of work under this contract. If an order is given orally, it will be followed up by a written delivery order within seven (7) calendar days, however, the embassy shall be obliged to pay for any and all orders requested orally.

Answer: The U.S. Embassy is obligated to pay the contractor for all the services received under the contract. Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice, refer section one point 3(e) and (g) “INVOICING”.

Questions (12): Contractor’s representative is required to be at the Embassy twice a week at a fixed time and day. The Contractor’s representative shall be present on the Embassy premises for a period of at least three hours per visit in order to provide service and answer questions. This representative may also sell services to Embassy employees for use in their personal capacities, provided the prices they receive are at least as low as normal market rates. The highlighted in yellow shall be deleted.

Answer: The contractor’s representative is not obligated to sell services to the Embassy employees for use in their personal capacities, however, the representative may sell services providing low prices that fall within normal market rates.

Questions (13): CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS. To be replaced with a specified clear terms subject to Jordanian law.

Answer: The contract terms and condition language are in accordance with U.S. Federal Acquisition

Regulations and not open for a change.

Questions (14): ADDENDUM TO CONTRACT CLAUSES. To be replaced with a specified clear terms subject to Jordanian law.

Questions (15): ADDENDUM TO SOLICITATION PROVISIONS FAR AND DOSAR

PROVISIONS NOT PRESCRIBED IN PART 12. To be replaced with a specified clear terms subject to Jordanian law.

Questions (16): SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS. To be replaced with a specified clear terms subject to Jordanian law.

Questions (17): ADDENDUM TO SOLICITATION PROVISIONS. To be replaced with a specified clear terms subject to Jordanian law.