19Q0001_Internet_Services_Contract_Solicitation.pdf

Consolidated Internet Contract Solicitation - U.S. Embassy Momrovia Number: 19L16019Q0001

TABLE OF CONTENTS

Section 1 - The Schedule

SF 1449 cover sheet

Continuation To SF-1449, RFQ Number 19L16019Q0001, Prices, Block 23

Continuation To SF-1449, RFQ Number 19L16019Q0001, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

Description/Specifications/Statement of Work, Government furnished Property

Section 2 - Contract Clauses

Contract Clauses

Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

Solicitation Provisions

Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part

Section 4 - Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Offeror Representations and Certifications

Offeror Representations and Certifications

Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not

Prescribed in Part 12

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449, RFQ NUMBER19L16019Q0001, PRICES BLOCK 23

I. SCOPE OF SERVICES

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.

II. BASE PERIOD

The contract will be for a one-year period from the date of the contract award and a notice to proceed with four (4) option years.

1. The Contractor shall furnish all engineering, labor, tools, equipment, materials, supplies and services to provide the required circuit as specified under Section 1, hereof:

2. Prices. In consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid a firm fixed-price (FFP) per month as stated in the schedule below in U.S. dollars.

2.1 VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

2.2. The firm fixed-prices are in U.S. dollars:

BASE YEAR: April 1, 2019 through March 31, 2020

Contract

Line

Item # Description of Services

Number of

Months Monthly Price

Total Firm-Fixed Price

1.

State Department -

OpenNet Plus (VPN through the Internet). One

(1) dedicated Internet channels at minimum 40

Mbps with providing fault tolerance in the last mile. All protocals and ports required.

IP Address 12

Installation Fees (once off) 1

State Department -

Dedicated Internet

Network. One (1) dedicated

Internet channel at minimum

15 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

Installation Fees (once off) 1

State Department -

Diplomatic

Telecommunication Service

Program - One (1) dedicated

Internet channel at minimum

5 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

Installation Fees (once off) 1

State Department- Regional

Affairs Office - One (1) dedicated Internet channel at minimum 1 Mbps providing fault tolerance in the last mile. All protocols required.

Installation Fees (once off) 1

National Institute of Health

- One (1) dedicated Internet channel at minimum 10 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

Installation Fees (once off) 1

United States Agency for

International Development

- One (1) dedicated Internet channel at minimum 50 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address

Installation Fees (once off) 1

Center for Disease Control

- One (1) dedicated Internet channel at minimum 12 Mbps providing fault tolerance in the last mile. All protocols required. Internet service

Provider must provide reverse DNS address for the internet IP address allocated to CDC. This is required for the CDC reverse zone.

Installation Fees (once off) 1

LOCATION:

U.S. Embassy Monrovia

502 Benson St

1000 Monrovia 10

SUB-TOTAL

GRAND TOTAL FOR BASE YEAR

OPTION YEAR 1: April 1, 2020 through March 31, 2021

Item # Description of Services

Number of

Months Monthly Price

Total Firm-Fixed Price

1.

State Department -

OpenNet Plus (VPN through the Internet). One

(1) dedicated Internet channels at minimum 40

Mbps with providing fault tolerance in the last mile. All protocals and ports required.

IP Address 12

State Department -

Dedicated Internet

Network. One (1) dedicated

Internet channel at minimum

15 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

State Department -

Diplomatic

Telecommunication Service

Program - One (1) dedicated

Internet channel at minimum

5 Mbps providing fault tolerance in the last mile. All protocols required.

dedicated Internet channel at minimum 1 Mbps providing

National Institute of Health

- One (1) dedicated Internet channel at minimum 10 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

United States Agency for

International Development

- One (1) dedicated Internet channel at minimum 50 Mbps providing fault tolerance in the last mile. All protocols

Center for Disease Control

- One (1) dedicated Internet channel at minimum 12 Mbps providing fault tolerance in the last mile. All protocols required. Internet service

Provider must provide reverse DNS address for the internet IP address allocated to CDC. This is required for

LOCATION:

U.S. Embassy Monrovia

GRAND TOTAL FOR OPTION YEAR ONE

OPTION YEAR 2: April 1, 2021 through March 31, 2022

Item # Description of Services

Number of

Months Monthly Price

Total Firm-Fixed Price

1.

State Department -

OpenNet Plus (VPN through the Internet). One

(1) dedicated Internet channels at minimum 40

Mbps with providing fault tolerance in the last mile. All protocals and ports required.

IP Address 12

State Department -

Dedicated Internet

Network. One (1) dedicated

Internet channel at minimum

15 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

State Department -

Diplomatic

Telecommunication Service

Program - One (1) dedicated

Internet channel at minimum

5 Mbps providing fault tolerance in the last mile. All protocols required.

dedicated Internet channel at minimum 1 Mbps providing

National Institute of Health

- One (1) dedicated Internet channel at minimum 10 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

United States Agency for

International Development

- One (1) dedicated Internet channel at minimum 50 Mbps providing fault tolerance in the last mile. All protocols

Center for Disease Control

- One (1) dedicated Internet channel at minimum 12 Mbps providing fault tolerance in the last mile. All protocols required. Internet service

Provider must provide reverse DNS address for the internet IP address allocated to CDC. This is required for

LOCATION:

U.S. Embassy Monrovia

GRAND TOTAL FOR OPTION YEAR TWO

OPTION YEAR 3: April 1, 2022 through March 31, 2023

Item # Description of Services

Number of

Months Monthly Price

Total Firm-Fixed Price

1.

State Department -

OpenNet Plus (VPN through the Internet). One

(1) dedicated Internet channels at minimum 40

Mbps with providing fault tolerance in the last mile. All protocals and ports required.

IP Address 12

State Department -

Dedicated Internet

Network. One (1) dedicated

Internet channel at minimum

15 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

State Department -

Diplomatic

Telecommunication Service

Program - One (1) dedicated

Internet channel at minimum

5 Mbps providing fault tolerance in the last mile. All protocols required.

dedicated Internet channel at minimum 1 Mbps providing

National Institute of Health

- One (1) dedicated Internet channel at minimum 10 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

United States Agency for

International Development

- One (1) dedicated Internet channel at minimum 50 Mbps providing fault tolerance in the last mile. All protocols

Center for Disease Control

- One (1) dedicated Internet channel at minimum 12 Mbps providing fault tolerance in the last mile. All protocols required. Internet service

Provider must provide reverse DNS address for the internet IP address allocated to CDC. This is required for

LOCATION:

U.S. Embassy Monrovia

GRAND TOTAL FOR OPTION YEAR THREE

OPTION YEAR 4: April 1, 2023 through March 31, 2024

Item # Description of Services

Number of

Months Monthly Price

Total Firm-Fixed

Price

1.

State Department - OpenNet

Plus (VPN through the

Internet). One (1) dedicated

Internet channels at minimum 40

Mbps with providing fault tolerance in the last mile. All protocals and ports required.

IP Address 12

State Department -

Dedicated Internet Network.

One (1) dedicated Internet channel at minimum 15 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

State Department - Diplomatic

Telecommunication Service

Program - One (1) dedicated

Internet channel at minimum 5

Mbps providing fault tolerance in the last mile. All protocols required.

dedicated Internet channel at minimum 1 Mbps providing fault tolerance in the last mile. All protocols required.

National Institute of Health -

One (1) dedicated Internet channel at minimum 10 Mbps providing fault tolerance in the last mile. All protocols required.

IP Address 12

United States Agency for

International Development -

One (1) dedicated Internet channel at minimum 50 Mbps providing fault tolerance in the last mile. All protocols required.

Center for Disease Control -

One (1) dedicated Internet channel at minimum 12 Mbps providing fault tolerance in the last mile. All protocols required.

Internet service Provider must provide reverse DNS address for the internet IP address allocated to CDC. This is required for the

CDC reverse zone.

LOCATION:

U.S. Embassy Monrovia

GRAND TOTAL FOR OPTION YEAR FOUR

GRAND TOTAL CONTRACT PRICE, INCLUDING ALL OPTION YEARS

Base Period Total Price

First Option Year Total Price

Second Option Year Total Price

Third Option Year Total Price

Fourth Option Year Total Price

GRAND TOTAL FIRM-FIXED PRICE

FOR BASE YEAR PLUS ALL OPTION YEARS

CONTINUATION TO SF-1449, RFQ NUMBER 19L16019Q0001

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. SCOPE OF WORK

The purpose of this firm fixed price contract is to obtain VPN, Internet Services, and Circuitry for the U.S. Embassy Monrovia, Liberia.

THIS IS THE LIST OF REQUIRED SERVICES:

NAME: State Department- OpenNet Plus (VPN through the Internet)

DESCRIPTION: One (1) dedicated Internet channels at minimum 40 Mbps with providing fault tolerance in the last mile. All protocols and ports required.

NAME: U.S. Embassy- Dedicated Internet Network

DESCRIPTION: One (1) dedicated Internet channel at minimum 15 Mbps providing fault tolerance in the last mile. All protocols required.

NAME: State Department- Diplomatic Telecommunication Service Program

Office

One (1) dedicated Internet channel at minimum 5 Mbps providing fault tolerance in the last mile. All protocols required.

NAME: State Department- Regional Affairs Office

One (1) dedicated Internet channel at minimum 1 Mbps providing fault tolerance in the last mile. All protocols required.

NAME: National Institute of Health

DESCRIPTION: One (1) dedicated Internet channel at minimum 10 Mbps providing fault tolerance in the last mile. All protocols required.

NAME: United States Agency for International Development

DESCRIPTION: One (1) dedicated Internet channel at minimum 50 Mbps providing fault tolerance in the last mile. All protocols required.

NAME: Center for Disease Control

DESCRIPTION: One (1) dedicated Internet channel at minimum 12 Mbps providing fault tolerance in the last mile. All protocols required. Internet service

Provider must provide reverse DNS address for the internet IP address allocated to CDC. This is required for the CDC reverse zone.

NAME: International Business Gateway/Internet Protocol Network Gateway

DESCRIPTION: ISP must provide the International Business Gateway / Internet Protocol

(IP) Network Gateway for the U.S. Embassy to connect to outside networks.

TYPE OF

SERVICE:

Dedicated Internet Channel

LOCATION: U.S. Embassy Monrovia

THE PROVIDED INTERNET SERVICE SHALL COMPLY WITH THE FOLLOWING

REQUIREMENTS:

Internet Services Quality

The local ISP access circuits to the U.S. Embassy Monrovia should meet the following specifications and requirements for connectivity.

1. The new internet service should be high-end, professional (business) grade service that differs from the residential, best effort or dial up service. The U.S. Embassy requires dedicated

(not shared or bundled) Internet Bandwidth, 24/7 support, “always-on” with unlimited and unrestricted usage. Fiber optic, terrestrial connectivity is preferred (but not required). Static public IP addressing is also required. In some cases, a cellular or wireless service may provide better diversity for Post. The internet service must provide the International Business

Gateway/Internet Gateway Protocol to connect the Embassy’s circuits to external networks.

2. The following subnets are required for static Public IP addresses for VPN equipment, network mask, and default gateway IP address.

Agency Subnet Required

Department of State /28

United States Agency for International Development /29

National Institute of Health /29

Center for Disease Control /29

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

4. 100% ISP availability: "Always on"

5. ISP connection: IPs must NOT repeat NOT use Network Address Translation (NAT).

6. ISP should 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.

7. ISP must permit installation of Customer VPN encryption devices on circuit.

8. ISP must 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).

9. ISP must deliver high quality performance per the following parameters in a vendor’s Service

Level Agreement (SLA)

a. Packet Loss </= 1%

b. Availability of 99.7%.

c. Response time to reported issue: 1 hour

d. Recovery for issues at OSI Layers 1, 2, and 3: </= 4 hours

10. If multiple entry points and/or LEC providers are available to your facility, ensure that the new ISP circuit is diverse from the current ISP circuit.

Internet Service Provider (ISP) digital bandwidth is the amount or volume of data that may be sent through the channel, measured in kilobits per second (Kbps), without distortion. Required

Bandwidth connection is defined in each service description.

For Internet Services the Internet Service Provider (ISP) must guarantee full contracted bandwidth availability 24X7X365 from the originator side to the ISP’s internet gateway.

Bandwidth sharing between other non-Embassy customers is not allowed. Connection Ratio must be 1/1.

Internet Service or data service transmission from the originating information server towards an end server is referred to as downstream; and a transmission from an end user towards the remote server is referred as upstream; Post Internet Service Provider (ISP) Contention Ratio

(downstream / upstream) must be 1:1 /1:1.

Internet Service Provider (ISP) must provide excellent Quality of Service (QOS) for the connection, that represents the level of consistent download capacity provided, must be the higher QOS percentage possible but, at minimum, greater than 99.7% or the highest possible quality of service connection reaching 100%.

Internet Service Provider (ISP) Round Trip Time (RTT) reports the total time in milliseconds

(ms) time to send a small data packet and obtain a reply back to public IP in North America;

must be the faster than 230ms for the Round Trip Time (RTT) for internet service. Also, RTT must be faster than 100ms for local data services (for instance: point-to-point channels or web pages accessed through the Liberia Network Access Point (NAP).

Internet Service Provider (ISP) ISP shall provide Internet peering to other autonomous system networks that connect Africa to North America. Internet Service Provider (ISP) must permit the transit of all Internet Protocol (IP) protocols (especially IPSec), including but not limited to, User

Datagram Protocol (UDP), Transmission Control Protocol (TCP), and IPSEC to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking.

Filters or sniffers must not be established, connected, or introduced by the ISP for any Embassy channels. If there are any existing filters, sniffers, restrictions, or proxies, they must be identified, and removed prior lease line circuit installation.

Internet Service Provider (ISP) must provide detailed network topology map that shows all possible paths ISP use for the internet traffic between ISP hub in Monrovia, Liberia and the ISP hub in United States of America (USA).

Internet Service Provider (ISP) must have redundancy in the Internet backbone between

Monrovia, Liberia and USA. For instance, If NAP of the host country’s backbone fail, NAP

Americas, NAP Sprint, or any other alternate backbone paths shall be available.

Internet Service Provider (ISP) must provide fault-tolerance Fiber Optic connectivity over with a minimum of two separate fiber cables to the very end at the U.S. Embassy Monrovia compound

Telecommunications Service Entrance Facilities (TSEF) Room.

II. GENERAL:

A. The U.S. Embassy has a requirement for one full period, full duplex, clear channels, digital circuits and Internet leased lines capable of supporting synchronous traffic. For clear channel circuits, they shall be completely transparent, with no bits added to or deleted from the bit stream provided to the interface of the U.S. Embassy equipment. The circuit shall be supplied for the transmission of a multiplexed aggregate bit stream for telegraphic and data signals.

B. These digital services shall be via Optic Fiber. The service shall be for the exclusive use of the U.S. Embassy, 24-hours per day, 7 days per week, and 52 weeks per year.

C. The Contractor shall coordinate the service and shall be responsible for the technical sufficiency of the circuit, including services necessary to establish, operate, and restore the circuit. The Contractor shall provide all equipment, materials, and supplies required to provide the service.

D. The Contractor shall provide sufficient technical support to ensure uninterrupted service between such terminal points as are covered in this contract. The Contractor shall provide, properly adjust, and maintain the circuit for continuous U.S. Embassy use. The Contractor shall ensure that the circuit complies with service changes, additions, or deletions as required under this contract.

E. Reserve

F. Reserve

G. The Contractor shall supply a Data Service Unit(s) (DSUs) configured with a Data

Communications Equipment (DCE) interface. Signal element timing shall be provided as follows: (1) timing to the American Embassy will be provided by the Contractor’s facility.

H. The Contractor shall use the following for interface standards:

RS-530 electrical/mechanical where available, or RS-422 electrical interface and RS-449 mechanical interface will be required between the DSU/CSU and equipment located at the U.S.

Embassy Compound in Monrovia, Liberia.

I. Services: This is a firm fixed-price contract for the lease of one full period, full duplex, clear channels, digital circuits and internet leased lines capable of supporting synchronous traffic. For the clear channel circuits, they shall be completely transparent to the capacity and speeds defined in Section 1, with no bits added to or deleted from the bit stream provided to the interface of the

U.S. Embassy’s equipment.

J. Bit Error Rate Test (BERT) The bit error rate (BER) for the service shall not be greater than 1 in 10 to the 6 bits for 99.7% of the time, for all time.

K. Acceptable Level of Performance. The Standard of Performance (SP) for this contract is 99.7% percent availability per month (100 percent less 0.3 percent each month for corrective and preventive maintenance).

L. Inspection and Acceptance. Unless specified in the Contract, the Government shall require a period not to exceed 24 hours in order to perform testing to determine acceptance of the required circuit under Section C. The U.S. destination point or the U.S. foreign post shall conduct the testing.

M. Term of Contract: The required circuits shall be installed and delivered to the Destination

Point on or before 60 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.

N. The Contractor agrees that the work and services set forth in this contract shall be performed during the period commencing the effective date of this contract and shall continue through the end of the twelve month period of service (CLIN 1 through 8), excluding the exercise of any option. Option CLINs, e.g. 0005 through 012, if exercised, shall be for Twelve (12) months each, commencing at the expiration of the previous period of performance or a negotiated period.

O. Reserved

P. An Invoice, suitable for payment, shall contain, but not limited to, the following information:

1. Name of Contractor;

2. Date of Invoice;

3. Original Invoice Number (Consecutive numbers);

4. Contract number;

5. Task or Delivery Order number, as applicable;

6. Government Specific Accounting and Appropriation Data (Funding

Cite.)(Example: 19X0113-2015-X75041-180100-5327-2332);

7. Contract Line Item Number (CLIN) of item or service provided;

8. Description of the item, or service actually provided;

9. Period of performance of service or date item is provided;

10. Block/Space reserved for COR acceptance signature and date;

11. Signature, Name and Phone number of Company representative authorized to sign invoices;

12. Remit to address

13. Name, phone number and Mailing address to whom any disputed invoices should be addressed;

14. Credits with explanation and period covered.

Failure to submit Invoices which do not identify this information shall be returned without payment to the Contractor for correction.

Q. Reserved

R. Authorized Instruction to Contractor

a. No person or agency other than the Contracting Officer (CO) is authorized to give instruction, orders or directions on behalf of the Government to the Contractor or his employees, unless such person or agency is authorized in writing by the CO to so act. The authority of such person or agency is strictly limited to the written authorization provided by the CO. The duty is upon the Contractor to determine the authority of such person or agency. Any questions regarding the authority of such person or agency should be directed to the CO in writing.

b. Contracting Officer’s Representative (COR): The CO may designate and authorize a representative(s) to act on his/her behalf under this contract. Such representative(s) as may be appointed shall be designated by a letter from the CO and a copy of the letter shall be given to the Contractor. The COR shall represent the CO as specified in his/her delegation of authority letter. The COR shall not be authorized to issue change orders or adjustments. Changes in the

Scope of Work/Specifications or any increase or decrease in the work called for by this contract shall be made by the CO by an executed modification to this contract.

S. Government-Furnished Equipment: The U.S. Government will not provide Equipment for this contract.

T. Release of Information

1. The Contractor’s organization shall clear with the Information Office listed below any public release of information on this contract. This information includes news stories, articles, sales literature, advertisements, radio-TV spots, etc.

2. The request for public release of information should be addressed to: Robert Burnett, Contracting Officer, U. S. Department of State, U.S. Embassy Monrovia, Liberia.

3. Limited Use of Data and Information. Performance of this contract may require the Contractor to access and use data and information proprietary to the Government agency or agency personnel, or which is of such a nature that its dissemination or use, other than in performance of this contract would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed or obtained in performance of this contract, until made public by the Government, except to authorize Government personnel or upon written approval of the Contracting Officer. The Contractor will not use, disclose, or reproduce proprietary data which bears a restrictive legend, other than as required in the performance of this contract. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no costs to the Government between the Contractor and the data owner provides for greater rights to the Contractor.

U. Circuit Downtime and Credits

Credits shall be assessed against the Contractor in those instances where the circuit during any given month or year that fail to achieve and sustain the minimum acceptance standards stated above.

1. Definitions:

Circuit Availability Acceptance Level: Yearly Circuit Availability Acceptance Level is computed by 365 calendar days times 24 (hours per day) times 99.7% acceptance level equals

8,716.20 hours annum. (365 x 24 = 8760 x 99.7% = 8,733.72). Monthly Circuit Availability is computed by the calendar days per month times 24 (hours per day) times 99.7% acceptance level

(example: 31 x 24 = 744 x 99.7% = 741.76).

Downtime: That period of time when the circuit becomes non-operational or unusable for communication or transfer of data or failures to meet the minimum acceptance standards. The maximum cumulative Annual downtime that shall be acceptable for corrective or preventative maintenance is 26.28 hours (8760 x .3%). The maximum cumulative Monthly downtime that shall be acceptable for corrective or preventative maintenance shall be .3% of the total available hours for the month (example: 31 x 24 = 744 x .3% = 2.23 hours).

Period of Downtime: Downtime shall commence at the time first attempt for contact is made by the Government (or its representative) to the Contractor’s Point of Contact and shall be annotated on the Remedy Ticket and shall continue until the circuit is returned into Service by the Government.

Downtime Credits: Monetary value returned to the Government for failure to meet the

Circuit availability requirements. Downtime Credits shall be assessed based on cumulative downtime time with the minimum assessment being one hour. Downtime credit shall be equal to the hourly or daily rate (as applicable) as identified in the schedule in Section B. There are two

(2) situations when circuit Downtime Credits can be accumulated:

1) Below Availability Level,

2) Extended Downtime.

2. Credit for Circuit Downtime by Situation

Below Availability Level: If the downtime accumulated for a circuit adds up to 26.28

(8760 x 0.3%) cumulative hours or more during any one contract year (365 calendar days) or depending on the number of hours for the month (example 744 x .3%) cumulative hours per month (example: 31 calendar day month) the Contractor shall grant a hourly credit to the

Government for each hour of downtime. Each additional one hour increment or portion thereof will be assessed as an additional hour.

Extended Downtime Credit(s): Cumulative time of more than 18 hours but not greater than 24 hours for any one outage shall be assessed at a daily rate. Any increment of 24 hours beyond the initial 24 hours of any one outage shall be assessed at the standards for the hourly rate up to 12 hours, however between 12 and 24 hours the credit shall be assessed at the daily rate.

3. Exceptions to Cumulating of Downtime

Cumulating of circuit downtime shall include all unscheduled downtime deemed to be the responsibility of the Contractor, with the following exceptions:

a. When the failure to perform arises out of causes beyond the control and without the fault or negligence of the Contractor or Sub-contractor as defined in the Termination for Default clause in Section I of this contract.

b. Malfunction of equipment, frequency fading and interference, errors of commission and/or omission by the Contractor or Sub-contractor, and commercial power surges or failures are considered to be normal hazards of the industry and therefore do not qualify as causes beyond the control of the Contractor or Sub-contractor. The Contractor shall be charged with credits for all reported outages determined “no trouble found” or “came clear while testing” but which exceed 45 minutes.

The Contracting Officer shall make final determination as to whether downtime is the responsibility of the Contractor. If requested by the Contracting Officer, the Contractor shall provide documentation to support claims of excusable downtime. For downtime determined to be the Contractor’s responsibility, the Contracting Officer may elect to assess a credit for each instance of non-performance.

4. Payment Reduction for Downtime Credits

When Circuit Downtime credit(s) is owed to the Government, the total number of creditable hours shall be accumulated for the month and will be deducted from the payment due the Contractor in the month they accrued.

5. Trouble Escalation Procedure

a. Within one (1) hour of a reported problem to the carrier, they must submit the name of the supporting technician and a reference number for the incident.

b. After the issue has been referred to the carrier for four (4) hours, issue must be resolved if cause is an OSI Layer 1, 2, or 3 matter. Issues stemming from any other cause or persisting for more than 4 hours, will require a root cause analysis report to be submitted to the U.S. government within 14 days of incident resolution. If the carrier’s response is not satisfactory, the issue will be escalated to carrier management.

c. Contractor is required to communicate status of unresolved issues at least twice per business day until resolved.

6. Technological Refreshment

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.

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.

Such substitutions or additions may include any part of, or all of, a given product(s) provided that the following conditions are met and substantiated by documentation in the technological refreshment proposal:

a. The proposed product(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.

b. The proposed product(s) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).

c. The proposal shall discuss the impact on hardware, services, and delivery schedules. The cost of the changes not specifically addressed in the proposal shall be borne entirely by the

Contractor.

d. Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Government. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

7. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory 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 Government, is responsible for management and quality control to meet the terms of the contract.

The role of the Government is to monitor quality to ensure that contract standards are achieved.

Performance Objective Scope of Work Para Performance Threshold

Services.

Performs all internet services set forth in the scope of work.

Section 1

All required services are performed and no more than one

(1) customer complaint is received per month.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS

(OCT 2018) AND (DEVIATION 2017-02) (JUNE 2017), is incorporated by reference (see SF-1449, Block 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2018) AND (DEVIATION 2017-02) (JUNE 2017)

(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 items:

(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 and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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 items:

[Contracting Officer check as appropriate.]

X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (3a) 52.203-17 Contractor Employee Whistleblower Rights And Requirement To Inform

Employees Of Whistleblower Rights (Apr 2014)

X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

(Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

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__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)

(15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2)and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Aug 2018) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

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__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018)

(E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

(30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C.

793).

(ii) Alternate I (JULY 2014) of 52.222-36.

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

X__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter

78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

X__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

X__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42

U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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