19UK5650Q0019_ Solicitation.docx

Cellphone and Mobile Data Services for American Embassy London & US Consulates (Edinburgh and Belfast) Solicitation No. 19UK5620Q0019

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR8855009

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19UK5620Q0019

6. SOLICITATION ISSUE DATE

20th December 2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Muriel Brown

b. TELEPHONE NUMBER (No collect calls) LondonProc@state.gov

8. OFFER DUE DATE/ LOCAL TIME

12th February 2020

9. ISSUED BY CODE

US Embassy London GSO/Procurement 33 Nine Elms Lane London SW11 7US

|_| HUBZONE SMALL

BUSINESS

|_| (WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

|_| SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

|_| EDWOSB

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

|_| SEE SCHEDULE

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

|X| RFQ |_| IFB |_| RFP

US Embassy London GSO/Procurement

London SW11 7US

US Embassy London GSO/Procurement

London SW11 7US

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY CODE

|_|17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Mobile Telephone Service – See attached

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

SBU - CONTRACTING AND ACQUISITIONS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

For the provision of mobile network and wireless Communication services to the Embassy of the United States of America, London and US Consulates Belfast and Edinburgh.

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

CORRECT FOR

|_| COMPLETE |_| PARTIAL |_| FINAL

38. S/R ACCOUNT NO.

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number 19UK5620Q0019, Prices, Block 23

· Continuation To SF-1449, RFQ Number, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 to Description/Specifications/Performance Work Statement, 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 12

Section 4 - Evaluation Factors

· Evaluation Factors

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

Section 5 - Representations and Certifications

· 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 NUMBER 19UK5620Q0019

PRICES, BLOCK 23

I. SCOPE OF CONTRACT

The Contractor shall provide mobile network and wireless communications services to the Embassy of the United States of America, London and US Consulates Belfast and Edinburgh, United Kingdom. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

II. PERIOD OF PERFORMANCE

The contract will be for a one-year period from the date of the contract award, with 2-year options to renew.

III. PRICING

VALUE ADDED TAX (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. The amount of VAT to be charged in the UK is 20% as of November 2019. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. VAT Should be included in each performance period.

MINIMUM AND MAXIMUM ORDER AMOUNTS

During the base year and option years of this Contract, the Government shall place orders totaling no less than the minimum order totals shown in the table below and the amount of all orders shall not exceed the maximum order totals shown in the table below.

PRICING IN US DOLLARS

Please note US firms are allowed to submit an offer in US dollars or local currency, payments from any resulting Contract will be paid in the currency submitted in the offer. Please indicate clearly in the pricing table below if the submission will be in US Dollars. All UK and International firms from countries other than the US must make their submission in GBP and payments from any resulting Contract will be paid in GBP.

US Embassy London Finance system can only make payments to bank accounts in the currency of the country in which the bank account is based. Contractors should therefore quote in the currency of the country in which the bank account they intend to receive payment into, is based. Therefore, if you have a UK bank account, you should quote in GBP, if you have a US bank account you should quote in US dollars.

III. A. BASE YEAR PRICING

III. A. Standard Services - Base Option Year of Service - Estimated Quantities (The Base Option Year of the contract starts on the date of the contract award and continues for a period of 12 months.)

Price (GBP) (Ex VAT) Total Yearly Price (GBP) (Inc VAT)

1. Voice-only cell phone tariff - 12-month x quantity of devices held by the US Government

1 A. Voice-only cell phones

1 A i) Unlimited standard UK/EU calls (including cross network) and SMS texts

1 A ii) Out of contract charges per minute 20 devices x 1 month 100 Minutes out of contract per device per month Per minute rate per phone billed monthly

1 A iii) Out contract charges per SMS

50 x SMS out of contract per device per month

1 B. International Voice Calls; users requiring voice calls from UK/EU to int'l locations (international voice service and international SMS messages)

1 B i)

USA

Maximum 2000 mins per month and unlimited SMS per month

1 B ii) Other Areas outside EU Maximum 1000 mins per month and unlimited SMS per month

1C. International Voice Roaming; users requiring voice calling while outside UK/EU

1 C i) USA Maximum 2000 mins per month and minimum 250 SMS per month

1 C ii) Other Areas Maximum 1000 mins per month and minimum 250 SMS per month

60 Minutes out of contract per user per month Per minute rate per phone billed monthly

1C. International Voice Roaming; users requiring voice calling while outside UK/EU

2. Voice and data smartphones Tariff - 12-month x quantity of devices held by the US Government

2 A. Voice and data smartphones (unlimited UK/EU voice calls, Unlimited UK/EU SMS, and minimum 12GB data per month within UK.

12 months monthly fixed rate per phone billed monthly

2 B. Out of contract data rates within UK/EU

100MB per device per month per MB per device billed monthly

2 B ii)

Maximum 1000 mins per month and unlimited SMS per month (permanently added to base tariff)

2 C. International Voice Calls; users requiring voice calls from UK/EU to int'l locations (international voice service and international SMS messages)

2 C i) To USA - Maximum 2000 mins per month and unlimited SMS per month (permanently added to base tariff)

2 D. International Voice & Data Roaming; users requiring voice calling and SMS while outside UK/EU 1000 minutes and minimum of 500 SMS per month and minimum 8GB data total for all areas per month for international roaming

500MB per user per month per MB per device billed monthly

Per minute rate per phone billed monthly

per SMS device per month Per SMS rate per phone billed monthly

month 500MB per device per month per MB per device billed monthly

month 60 Minutes per device per month Per minute rate per phone billed monthly

3. Data-only mobile tablet computers Tariff - 12-month x quantity of devices held by the US Government

3 A. Data-only mobile tablet computers (12GB data within UK/EU per month)

Increment: 1Kb

3 B. Out of contract data usage within UK/EU

3 C. Out of contract data usage within USA and Other Areas

Month 8GB per user per month per MB per device billed monthly

Base Year Total

III. B. FIRST OPTION YEAR PRICING

III. A. Standard Services - Base Option Year of Service - Estimated Quantities (The Base Option Year of the contract starts on the date of the contract award and continues for a period of 12 months.)

Price (GBP) (Ex VAT) Total Yearly Price (GBP) (Inc VAT)

1. Voice-only cell phone tariff - 12-month x quantity of devices held by the US Government

1 A. Voice-only cell phones

1 A i) Unlimited standard UK/EU calls (including cross network) and SMS texts

1. Voice-only cell phone tariff - 12-month x quantity of devices held by the US Government

1 A. Voice-only cell phones

1 A ii) Out of contract charges per minute 20 devices x 1 month

Per minute rate per phone billed monthly

1 A iii)

1 B. International Voice Calls; users requiring voice calls from UK/EU to int'l locations (international voice service and international SMS messages)

1 B i)

USA

Maximum 2000 mins per month and unlimited SMS per month

1 B ii)

Maximum 1000 mins per month and unlimited SMS per month

1 B. International Voice Calls; users requiring voice calls from UK/EU to int'l locations (international voice service and international SMS messages)

1C. International Voice Roaming; users requiring voice calling while outside UK/EU

1 C i) USA Maximum 2000 mins per month and minimum 250 SMS per month

1 C ii) Other Areas

Per minute rate per phone billed monthly

2. Voice and data smartphones Tariff - 12-month x quantity of devices held by the US Government

2 A. Voice and data smartphones (unlimited UK/EU voice calls, Unlimited UK/EU SMS, and minimum 12GB data per month within UK.

monthly fixed rate per phone billed monthly

2 B. Out of contract data rates within UK/EU

per MB per device billed monthly

2 B ii)

Maximum 1000 mins per month and unlimited SMS per month (permanently added to base tariff)

2 C. International Voice Calls; users requiring voice calls from UK/EU to int'l locations (international voice service and international SMS messages)

2 C i) To USA - Maximum 2000 mins per month and unlimited SMS per month (permanently added to base tariff)

2 D. International Voice & Data Roaming; users requiring voice calling and SMS while outside UK/EU 1000 minutes and minimum of 500 SMS per month and minimum 8GB data total for all areas per month for international roaming

per MB per device billed monthly

Per minute rate per phone billed monthly

Per SMS rate per phone billed monthly

per MB per device billed monthly

Per minute rate per phone billed monthly

3. Data-only mobile tablet computers Tariff - 12-month x quantity of devices held by the US Government

3 A. Data-only mobile tablet computers (12GB data within UK/EU per month)

3 B. Out of contract data usage within UK/EU

3 C. Out of contract data usage within USA and Other Areas

per MB per device billed monthly

1st Option Year Total

III. B. SECOND OPTION YEAR PRICING

III. A. Standard Services - Base Option Year of Service - Estimated Quantities (The Base Option Year of the contract starts on the date of the contract award and continues for a period of 12 months.)

Price (GBP) (Ex VAT) Total Yearly Price (GBP) (Inc VAT)

1. Voice-only cell phone tariff - 12-month x quantity of devices held by the US Government

1 A. Voice-only cell phones

1 A i) Unlimited standard UK/EU calls (including cross network) and SMS texts

1 A ii) Out of contract charges per minute 20 devices x 1 month

Per minute rate per phone billed monthly

1 A iii)

1 B. International Voice Calls; users requiring voice calls from UK/EU to int'l locations (international voice service and international SMS messages)

1 B i)

USA

Maximum 2000 mins per month and unlimited SMS per month

1 B ii)

Maximum 1000 mins per month and unlimited SMS per month

1 B. International Voice Calls; users requiring voice calls from UK/EU to int'l locations (international voice service and international SMS messages)

1C. International Voice Roaming; users requiring voice calling while outside UK/EU

1 C i) USA Maximum 2000 mins per month and minimum 250 SMS per month

1 C ii) Other Areas

Per minute rate per phone billed monthly

2. Voice and data smartphones Tariff - 12-month x quantity of devices held by the US Government

2 A. Voice and data smartphones (unlimited UK/EU voice calls, Unlimited UK/EU SMS, and minimum 12GB data per month within UK.

monthly fixed rate per phone billed monthly

2 B. Out of contract data rates within UK/EU

per MB per device billed monthly

2 B ii)

Maximum 1000 mins per month and unlimited SMS per month (permanently added to base tariff)

2 C. International Voice Calls; users requiring voice calls from UK/EU to int'l locations (international voice service and international SMS messages)

2 C i) To USA - Maximum 2000 mins per month and unlimited SMS per month (permanently added to base tariff)

2 D. International Voice & Data Roaming; users requiring voice calling and SMS while outside UK/EU 1000 minutes and minimum of 500 SMS per month and minimum 8GB data total for all areas per month for international roaming

per MB per device billed monthly

Per minute rate per phone billed monthly

Per SMS rate per phone billed monthly

per MB per device billed monthly

Per minute rate per phone billed monthly

3. Data-only mobile tablet computers Tariff - 12-month x quantity of devices held by the US Government

3 A. Data-only mobile tablet computers (12GB data within UK/EU per month)

3 B. Out of contract data usage within UK/EU

3 C. Out of contract data usage within USA and Other Areas

per MB per device billed monthly

2nd Option Year Total

III. E. ESTIMATED TOTAL COST OF BASE AND OPTION YEARS

Base Year Total (inc VAT)

Option Year 1 Total (inc VAT)

Option Year 2 Total (inc VAT)

GRAND TOTAL FOR BASE + ALL OPTION YEARS

(inc VAT)

CONTINUATION TO SF-1449

RFQ NUMBER 19UK5620Q0019

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SCHEDULE OF SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

This solicitation is for mobile network and wireless communications services. For the purposes of this solicitation mobile computing devices are included, but are not limited to iPhone, Blackberry, Android, and Windows smartphones, and iPads, Android and other tablet computers. The U.S. Embassy is using 705 lines for official purposes. The Contractor shall provide complete mobile telephones services for the U.S. Embassy London and Edinburgh Consulate and Belfast Consulate, services provided shall include:

· Mobile Telephone Equipment – unlocked GSM cellphones and accessories

· Calls within the UK & EU

· International Calls

· International Voice and Data Roaming Services

· SMS Messaging

· Voice Mail

· 24-hour Customer Support

· Detailed Billing of Calls, SMS/MMS and Data made

· Data Services within the UK and internationally

Voice packages to include a minimum of unlimited minutes for voice and SMS per month within the UK and EU

Data packages to include unlimited voice service and SMS messages, and 12GB internet data usage within the UK and EU. 2000 minutes international voice service, unlimited international SMS messages and 8GB internet data usage with a price per additional MB for roaming internationally.

The Contractor shall deliver all items no later than 7 working days after date of contract award.

Any Contractor personnel involved with the delivery of the item’s services shall comply with standard US Embassy regulations for receiving services and supplies. The Contracting Officer’s Representative (COR) will be responsible for instructing Contractor personnel at the time deliveries are made. Prior notice of at least seven (7) working days will be required.

Deliveries of SIM cards shall be made between the hours of 9:30 am and 5:00 pm, Monday to Friday.

The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the COR must be immediately informed of any problems and their resolution.

Upon contract award all existing Mobile Telephones, Blackberry’s, Smartphones and mobile computing devices available for migration shall be migrated within 20 working days retaining the same phone numbers

1.1 MOBILE HANDSETS, SMARTPHONES AND MOBILE COMPUTING

DEVICES- CURRENT ASSETS

The Government currently owns 150 active voice-only handsets, 550 Smartphone handsets (Blackberry, iPhone and Android) and 30 mobile computing devices which are under a 12-month contract for line rental only with the current Service Provider.

1.2 NETWORK SERVICE WITHIN THE UNITED KINGDOM

The Contractor shall ensure on a 24-hour basis at least 90% local network coverage around the London Metropolitan Area, Edinburgh and Belfast City Centres, with special consideration to all urban areas and main traffic routes.

1.3 INTERNATIONAL VOICE CALLS

The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all European countries, and all other worldwide countries that telephone services are available.

1.4 INTERNATIONAL VOICE AND DATA ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible, with the special interest of the Government for roaming within all European Countries and the USA.

The Contracting Officer’s Representative (COR) will advise the Vendor when Government personnel are travelling so, they can be moved from the standard plan and added to the appropriate international data roaming plan, so as to avoid any out of contract costs or charges.

1.5 4G/LTE & 5G MOBILE DATA NETWORK

The Contractor shall provide Internet connections through their mobile 4G/LTE data network and 5G where/when available. The Contractor shall provide functionality to switch to another carrier seamlessly should there be any disruptions with the primary provider.

1.6 SHARED DATA

The Contractor shall provide a shared data option for select Departments to use up to an unlimited GB amount.

The COR (Contracting Officer’s Representative) will supply the Contractor with a list of Cost Centers that should be added to the shared data option. Any new task orders that fall within these Cost Centers shall be included as and when required. Any data used outside the UK/EU should fall within item 2. D.

1.7 SMS MESSAGING

The Contractor shall provide access to around the clock SMS messaging.

1.8 VOICE MAIL

The Contractor shall provide Voice Mail services in English.

A Voice Mail Box shall be prepared for each number separately as per standard practice.

1.9 INACTIVATED SIM CARDS

The contractor shall provide, free of charge, up to 25 inactivated SIM cards per year for smartphones and data-only mobile devices. If a Government employee loses their smartphone or data-only mobile device the Government will issue them a new Government owned handset and the inactivated SIM card. The newly activated SIM card will have tied to the existing phone line and shall have the same phone number for the lost handset.

1.10 CUSTOMER SUPPORT

The Contractor shall provide technical support for setting up voice mail, roaming questions, questions on the phone features, number changes, lost or stolen telephone reporting, manufacturer’s warranty information, and all other matters concerning the mobile telephone services through the Contractor’s Project Manager. This person shall be named as Key Personnel and their name, phone and email address are to be provided. The COR or other nominated Government personnel must be able to get through to the named Project Manager or their named Deputy during normal working hours – 8:30 am GMT to GMT 5.30 pm GMT, Monday to Friday to resolve issues. Customer Service support provided through a Call Center is not acceptable.

1.11 DETAILED BILLING

1.11.1 The Contractor shall provide a monthly breakdown of calls made by individual numbers. The breakdown shall clearly show:

Called Number Time and Date of the call and SMS messages Duration of voice calls Date usage exceeding the monthly allotment Roaming data usage Price

1.11.2 The monthly lists of calls made shall be forwarded to the Contracting Officer’s Representative (COR) until the end of each current month for the previous month to the following email address:

Londonspendalerts@state.gov

2. INVOICING

(a) The Contractor shall submit monthly invoices to the COR at the address shown in paragraph (d) below. A proper invoice must include the following information:

· Contractor's name and bank account information for payments by wire transfers

· Invoice Date

· Contract Number

· A summary showing a listing of each line with total monthly price in local currency for that line. A detailed invoice for each agency must be attached to each summary invoice and should include the cost breakdown by each telephone line according to the pricing schedule

· A detailed list of all calls made for each line

· Prompt payment discount, if any

· Name, title, phone number, and address of person to contact in case of defective invoice

· A detailed list of the calls & charges made and applied to each line in csv format. This should include the cost breakdown by each phone line according to the pricing schedule.

Optional: Individual invoices by each phone line including the cost breakdown by each telephone line according to the pricing schedule.

(b) If an invoice does not contain the above information, the Government reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendar days. The Contractor must then submit a proper invoice.

(c) The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual Government agency. That Agency Representative will review the detailed invoice and either approve it for payment or advise the COR of the inaccuracies found. It shall be the COR who will interact with the Contractor on any invoice problems.

(d) The Contractor will send all invoices to the following address:

American Embassy – (Department of State) (Ref: SUK560-20-DXXXX) Financial Management Center 33 Nine Elms Lane London SW11 7US United Kingdom

LondonFMCinvoices@state.gov

(e) One (1) invoice only, to be provided covering multiple networks

(f) Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of a proper invoice

(g) The Government will provide annual proof of a direct exemption of Value Added Tax (VAT); according to host country VAT laws.

3. KEY PERSONNEL

3.1 The Project Manager must be able to converse in English. The Contractor shall assign to this Contract the following key person:

JOB TITLE ___________________ NAME _________________

Project Manager

3.2 During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions.

3.3 After the first 90 days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

3.4 The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Government will modify the contract to reflect any changes in key personnel.

4. PERMITS

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 United Kingdom laws.

5. GOVERNMENT FURNISHED PROPERTY

5.1 The Government intends to use Government Owned Equipment and Accessories as listed in Attachment 1. The Contractor shall provide a fully functional SIM card, telephone number, and appropriate security codes and required access settings for all existing Government mobile phones and mobile computing devices.

5.2 A list of Cell-Phone Types that the Government owns and intends to use with the services provided in this contract:

GSM Unlocked Cell Phones 4G/LTE-Capable Unlocked Smartphones 4G/LTE-Capable Mobile Computing Devices

6. ADDITION OF NEW LINES

The Contractor will provide a fully functional SIM card, telephone number, and appropriate security codes and required access settings to the COR within 24 hours after receiving a delivery order under the contract.

7. NON-OFFICIAL LINES

This Contract is valid only for official Government needs.

8. DISCLOSURE OF INFORMATION

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.

9. 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, 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.

10. SPECIAL SHORT-TERM PROMOTION

For the entire contract duration, the Contractor will offer the U.S. Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by U.S. Embassy staff. The U.S. Embassy, at its own discretion, will have the option to take or reject the opportunity.

11. DELIVERY ORDERS

The Contracting Officer will issue delivery orders to order phone and 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 7 days.

12. CUSTOMER SUPPORT

The Contractor is to provide a dedicated telephone number, email address and a named POC for the purpose of reporting equipment problems and malfunctions, billing inquiries, and customer question regarding accounts and services. 24-hour Telephone Support should be available Monday to Sunday including bank holidays.

13. SURVIVABILITY AND RECOVERY

The Contractor shall have a working system of network survivability in case of emergencies and serious disasters when all networks may be jammed or when parts of the network are destroyed.

The Contractor shall have a recovery plan in place that shall deal with such occurrences.

14. 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.

Services.

Performs all mobile telephone and mobile computing services set forth in the Scope of Work

1. thru 14.

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 (AUG 2019)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2019)

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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].

__ (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).

__ (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)).

__ (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).

__ (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.

__ (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).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

X__ (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).

X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;…