26Q0019_RFQ Package.pdf
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- Attached to
- RFQ 19PE5026Q0019 - Lima VNET Contract
- Solicitation number
- 19PE5026Q0019
- Issued by
-
Department of State US Embassy Lima
About this file
RFQ 19PE5026Q0019 – Lima Main VNET Service
This is a Request for Quotations (RFQ) issued by the U.S. Embassy in Lima, Peru for Virtual Net (VNET) internet connectivity services. The solicitation seeks a local dedicated symmetrical internet channel with 140 Mbps bandwidth, with service delivery via fiber optic connections. The base period runs from July 15, 2026 to July 14, 2027, with four optional one-year extension periods through July 14, 2031, plus a potential six-month extension. The contract will be awarded to the responsible company submitting the lowest evaluated price based on technical capability, past performance, and cost. The Government intends to award without discussions unless companies fall within a competitive range.
Key requirements include 24/7/365 maintenance and support with two-hour response time, installation completion within 30 days of contract award, minimum 99.97% availability, redundant circuits configured with Hot Standby Router Protocol (HSRP), and unfiltered internet access with Quality of Service at minimum 99.9%. The ISP must provide Cisco equipment (Catalyst 9200 Series switch minimum), prohibit Chinese-branded products (ZTE, Huawei, Xiaomi), offer 1:1 bandwidth contention ratio, provide static IP addresses, and support VPN encryption devices. Pricing must include all labor, materials, equipment, overhead, and profit as firm fixed price monthly costs. Offerors must complete SF-1449 forms, provide pricing for all contract line items (installation, monthly service, and VAT separately), submit Cybersecurity Supply Chain Risk Management documentation (C-SCRM Questionnaire and Software Producer Attestation), demonstrate past performance references, provide proof of active SAM registration or NCAGE code, and show evidence of local business operations and required licenses in Peru. Quotations are due June 1, 2026 by 11:00 a.m. local time via email in a single PDF file to Mrs. Jessica Mendez. A pre-proposal conference is scheduled for May 18, 2026 at 10:00 a.m. at the Embassy.
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| File | Type | Posted |
|---|---|---|
| 26Q0019_Questions and Answers.pdf | ||
| Att2_C-SCRM Questionnaire and C-SCRM Software Producer Attestation Form.xlsx | XLSX spreadsheet |
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Text version
May 13, 2026
Dear Prospective Quoter
Subject: RFQ 19PE5026Q0019 – Lima Main VNET Service
Enclosed is a Request for Quotations (RFQ) for Virtual Net (VNET) service. If you would like to submit a quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.
The U.S. Government intends to award a contract to the responsible company submitting an acceptable offer. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.
The Embassy intends to conduct a pre-proposal conference at the site. The pre-proposal conference will be held on May 18, 2026, at 10:00 a.m. at the US
Embassy Lima. Prospective offerors/quoters should contact Mrs. Jessica Mendez at
Mendezj@state.gov by May 15, 2026 before 10:00 a.m. to provide information
(full name and ID number) of the people who will attend the conference to get authorization to enter the building.
For a proposal to be considered, you must complete and submit the following documentation in English:
1. SF-1449 (fields 17a, 30a, 30b and 30c)
2. Section 1 – Prices
3. Section 3 – Additional information including the Cybersecurity C-SCRM
Questionnaire (Attachment 2) and C-SCRM Software Producer Attestation form.
4. Section 5 - Representations and Certifications and Other Statement of
Offerors, where applicable. Active SAM Registration or NCAGE Code.
Your proposal must be submitted electronically by email in a single PDF file to
Mrs. Jessica Mendez at Mendezj@state.gov by June 1, before 11:00 a.m. (local
Embassy of the United States of America
Lima, Peru mailto:Mendezj@state.gov mailto:Mendezj@state.gov date and time). No quotations will be accepted after this date and time. Incomplete proposals will not be considered.
Sincerely, Patrick McElroy
Contracting Officer
Enclosure: As stated
AUTORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012)
PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
PR15920354
PAGE 1 OF 68 PAGES
2. CONTRACT NO. 3. AWARD/ EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
19PE5026Q0019
6. SOLICITATION ISSUE
DATE
05/13/2026
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME Jessica Mendez
b. TELEPHONE NUMBER(No collect calls) 6182190
8. OFFER DUE DATE/
LOCAL TIME
06/01/2026 / 11:00
9. ISSUED BY CODE PE500 10. THIS ACQUISITION IS x UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
HUBZONE SMALL
BUSINESS
(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM NAICS:
EDWOSB EMERGING SMALL BUSINESS
AMERICAN EMBASSY LIMA
Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN:
GSO/Procurement Lima
PERU
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS 8 (A) SIZE STANDARD:
13b. RATING11. DELIVERY FOR FOB DESTINAT-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
14. METHOD OF SOLICITATION
x RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
AMERICAN EMBASSY LIMA
Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Warehouse Lima
PERU
AMERICAN EMBASSY LIMA
Av. Lima Polo cdra 2 s/n, Monterrico, Surco, ATTN: GSO/Procurement Lima
PERU
CODE FACILITY
CODE
17a. CONTRACTOR/
OFFERER
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY
AMERICAN EMBASSY LIMA
AV. Lima Polo cdra 1 s/n Monterrico-Surco, ATTN: FMO / DBO
Lima 33
PERU
CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _ __ COPIES
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REF. _ _______________ OFFER DATED
_ __________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY
ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS
TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
Patrick McElroy see below
ITEM NO. 20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT 37. CHECK NUMBER
PARTIAL FINAL COMPLETE PARTIAL FINAL
38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY
41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE
42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
001 Solicitation to provide VNET Services with 140 Mbps bandwidth. Service must be provided in accordance with the attached Statement of Work and related documents.
1 all
TABLE OF CONTENTS
SECTION 1 - THE SCHEDULE
* SF 1449 cover sheet
* Continuation To SF-1449, RFQ Number 19PE5026Q0019, Prices, Block 23
* Continuation To SF-1449, RFQ Number 19PE5026Q0019, Schedule of
Supplies/Services, Block 20 Description/Specifications/Work Statement
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
* Evaluation
* Addendum to Evaluation - 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
ATTACHMENT
* Attachment 1 - Diagram
* Attachment 2 - C-SCRM Questionnaire
* Attachment 3 - C-SCRM Software Producer Attestation form
Page | 3
SECTION 1 - THE SCHEDULE
CONTINUATION TO SF-1449, RFQ NUMBER 19PE5026Q0019, PRICES
BLOCK 23
I. SCOPE OF SERVICES
The US Embassy in Lima is requesting a local dedicated symmetrical internet channel with a bandwidth of 140Mbps.
The Contractor shall provide 24 hours a day, seven days a week, 365 days a year immediate maintenance and service support within two hours as requested by the
Information Resource Management in accordance with
Description/Specification/Work Statement.
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 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 US dollars.
2.1 VALUE ADDED TAX
Value Added Tax (VAT) is not included in the CLIN rates. Instead, it will be priced as a separate Line Item in the contract and on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this percentage is multiplied only against that portion. It is reflected for each performance period.
2.2. The firm fixed-prices are in US dollars
Page | 4
BASE YEAR: FROM JULY 15, 2026 TO JULY 14, 2027
CLIN
DESCRIPTION OF
SERVICES
NUMBER
OF
MONTHS
MONTHLY
PRICE
TOTAL
FIRM-FIXED
PRICE
VNET Services
Dedicated symmetrical
Internet channel with a bandwidth of 140 Mbps
12 $ $
2 Installation (one time cost) 1 $ $
SUB-TOTAL
TAX (IF APPLICABLE)
DBA INSURANCE COST
GRAND TOTAL FOR BASE YEAR
OPTION YEAR 1: FROM JULY 15, 2027 TO JULY 14, 2028
SERVICES
NUMBER
OF
MONTHS
MONTHLY
PRICE
TOTAL
FIRM-FIXED
PRICE
VNET Services
Dedicated symmetrical
SUB-TOTAL
TAX (IF APPLICABLE)
GRAND TOTAL FOR 1ST OPTION YEAR
Page | 5
OPTION YEAR 2: FROM JULY 15, 2028 TO JULY 14, 2029
SERVICES
NUMBER
OF
MONTHS
MONTHLY
PRICE
TOTAL
FIRM-FIXED
PRICE
VNET Services
Dedicated symmetrical
GRAND TOTAL FOR 2ND YEAR
OPTION YEAR 3: FROM JULY 15, 2029, TO JULY 14, 2030
SERVICES
NUMBER
OF
MONTHS
MONTHLY
PRICE
TOTAL
FIRM-FIXED
PRICE
VNET Services
Dedicated symmetrical
GRAND TOTAL FOR 3RD YEAR
Page | 6
OPTION YEAR 4: FROM JULY 15, 2030 TO JULY 14, 2031
SERVICES
NUMBER
OF
MONTHS
MONTHLY
PRICE
TOTAL
FIRM-FIXED
PRICE
VNET Services
Dedicated symmetrical
GRAND TOTAL FOR 4TH YEAR
FAR 52.217-8 OPTION TO EXTEND SERVICES (6 Months if needed): FROM
JULY 15, 2031 TO JANUARY 14, 2032
SERVICES
NUMBER
OF
MONTHS
MONTHLY
PRICE
TOTAL
FIRM-FIXED
PRICE
VNET Services
Dedicated symmetrical
6 $ $
GRAND TOTAL FOR 6-MONTH PERIOD
GRAND TOTAL CONTRACT PRICE, INCLUDING ALL OPTION YEARS
Base Period Total Price
First Option Year Total Price
Second Option Year Total Price
Page | 7
Third Option Year Total Price
Fourth Option Year Total Price
FAR 52.217-8 OPTION TO EXTEND SERVICES
(6 Months)
GRAND TOTAL FIRM-FIXED PRICE
FOR BASE YEAR PLUS ALL OPTION YEARS
Page | 8
CONTINUATION TO SF-1449, RFQ NUMBER 19PE5026Q0019
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, dedicated symmetrical Internet channel with a bandwidth of 140 Mbps, overbooking 1:1 for the U.S. Embassy Lima.
The local Telecommunication’s Internet Service Provider (ISP) contracting firm must provide internet services and dedicated leased line channels and circuitry for connecting American Embassy/Consulate as shown below in this technical paper.
THIS IS THE LIST OF REQUIRED SERVICES:
SERVICE: OpenNet-VPN
NAME: OpenNet Plus (VPN through the Internet) at the U.S.
Embassy Lima
DESCRIPTION: OpenNet (VPN through the Internet) at the U.S. Embassy
Lima. One (1) dedicated symmetrical Internet channel with a bandwidth of 140 Mbps, overbooking 1:1, providing fault tolerance in the last mile.
TYPE OF SERVICE: Dedicated Internet Channel
LOCATION: U.S. Embassy – Lima, La Encalada Ave. Block 17, Surco
THE PROVIDED INTERNET SERVICE SHALL COMPLY WITH THE
FOLLOWING REQUIREMENTS:
Price Quotes
The proposal from local TIER 1 Internet Service Provider (ISP) for 140 Mbps of symmetrical Internet bandwidth must take into consideration the details below. A redundant circuit must be provisioned from a separate Network Operations Center
(NOC) and configured using the Hot Standby Router Protocol (HSRP).
Page | 9
Bandwidth 140Mbps
Overbooking (1:1)
Time required for the ISP to provide service access at the Embassy after the contract is signed
30 days
A. Cabling Fiber Optic Installation Costs from ISP to Embassy Demarcation room
B. Equipment Cisco Router Rental Cost
1)Cisco Catalyst 9200 Series Managed
Switch 24/48 ports (minimum requirement)
* 2 Ports Fiber SFP module
* 24 RJ45 PORTS, 1GB
2) SFP/MEDIA CONVERTERS 1000
MBPS RENT COST
C. Installation Installation and Configuration Cost
D. Service Montly Service Cost
Maintenance Cost
E. Other Other costs
Internet Services Quality
• Internet Service Provider (ISP) must provide dedicated leased channels with high-speed access to the Internet; data transport media must be fiber optic, terrestrial connectivity. Twenty-four (24) hours uplink. Post Internet Service
Provider (ISP) connection must be “always on” and must not require the installation of any custom software on the client side.
• 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 service the Internet Service Provider (ISP) must guarantee full contracted bandwidth availability 24x7x365 from the originator side to the
Page | 10
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 a minimum, greater than 99.97% 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; must be the faster than 100ms for the Round-Trip Time (RTT) for internet service. Also, RTT must be faster than 7ms for local data services
(for instance: point-to-point channels or web pages accessed through Peru
Network Access Point (NAP)
• Internet Service Provider (ISP) must permit the transit of all Internet
Protocol (IP), protocols (included 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. 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 maps that show all possible paths ISP used for the internet traffic between
ISP hub in Lima and the ISP hub in the U.S.A.
• Internet Service Provider (ISP) permits the installation of Customer VPN encryption devices on circuits.
• Internet Service connection must NOT use Network Address Translation
(NAT).
Page | 11
• Internet Service Provider (ISP) must have redundancy on the internet backbone between Peru and USA. For instance, if NAP Peru backbone fails, NAP Americas, or any other alternate backbone paths shall be available.
• ISP must provide Fiber Optic connectivity to the very end at the U.S.
Embassy Lima compound Telecommunications Service Entrance Facilities
(TSEF), Demarcation room (DEMARC).
Network Identification
• Internet Service Provider (ISP) connection must provide one (01) subnet of static IP Addresses.
• Internet Service Provider (ISP) must provide IP addresses used to identify one (01) subnet addresses in Classless Inter-Domain Routing address specification as follows:
One (01 Network static IP address / 28 or, equivalently, its subnet mask
255.255.255.240, and ISP Gateway IP address.
Network Devices
The network devices shall comply with the following characteristics:
• Services provided by the Internet Service Provider (ISP) must be delivered with RJ-45 interface connectors with a 1000 baseT interface and SFP Fiber
Optic ports with SFP 1 Gbit/s LC (MM-multimode) Optical Transceivers.
All routing equipment must be Cisco brand.
• SFP Optical Transceiver must allow multimode connections with a distance up to 500 meters.
• A fiber optic connection from the main Cisco Switch to eliminate the media converters will be required. The current HSRP switch is a Cisco 2960 with only RJ-45 ports.
Page | 12
• At a minimum, a Cisco Catalyst 9200 Series switch with SFP ports is required. The switch should be provided by the ISP as it provides the HSRP service.
• Internet Service Provider (ISP) must provide routers, Network Switches and
SFP modules or transmission devices in all cases.
• Power standard sources must be dual voltage (110V/60Hz and 220V/60Hz).
• Devices must be rack mountable in a standard commercial off-the-shelf
(COTS) rack.
• One separate or individual physical interface connector is required per service.
• Router features, and specifications must be offered by the ISP, the proposal must include the replacement of the equipment in case of failure or technology change.
• Must not have ZTE, Huawei, Xiaomi and affiliated branded products in use on the internet connection.
Service Support and contingencies
• The awarded ISP must warrant service support 7x24x365.
• ISP must warrant service support on site if necessary 7x24x365, service must be coordinated directly with the Embassy’s Contracting Officer
Representative (COR) or the Global Technical Monitor (GTM) from the
Diplomatic Technology Office (DTO).
• Redundant circuits must be provided from another NOC, configured using
Hot Standby Router Protocol (HSRP). (see Attachment 1)
• Expected service availability and reliability must be at minimum 99.97%.
• The awarded ISP must have direct connection capability with major United
States of America (U.S.A.) telecommunication providers (ISPs) at Internet
Page | 13 tier 1 level, having alternative line channels or backups in case of main
Internet path malfunctioning.
• The awarded ISP must provide online web access data traffic analysis graphs capabilities. Graphs mut be updated on a daily basis. Graphs must retain traffic history behavior for at least one year.
• The awarded ISP must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process.
• ISP must ping and trace route traffic from 169.252.0.0/16 and
169.253.0.0/16 to the ISP connection.
• High quality performance, the following parameters in a vendor’s Service
Level Agreement (SLA) should be used:
1. Packet Loss <=.5%
2. Availability of 99.9%
II. GENERAL
A. The Department of State has a requirement for one full period, full duplex, clear channels, and digital circuits capable of supporting synchronous traffic.
140Mbps between the Main Distribution Frame [MDF] of the Internet Service
Provider (ISP) and the Main Distribution Frame (MDF) of the Embassy – Lima.
For clear channel circuits, they shall be completely transparent to data, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment.
B. This digital service shall be via Optic Fiber. The service shall be for the exclusive use of the Department of State, 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. Except for modems and terminal equipment furnished by the Government, the Contractor shall provide all equipment, materials, and supplies required to provide the service which includes the Data
Page | 14
Service Unit (DSU) configured with Data Communications Equipment (DCE) interface. If required, signal element timing shall be provided by the Contractor’s facility.
D. The Contractor shall provide sufficient technical support to ensure uninterrupted end-to-end service between such terminal points as are covered in this contract.
The
Contractor shall provide, properly adjust, and maintain the circuit for continuous
Department of State use. The Contractor shall ensure that the circuit complies with service changes, additions, or deletions as required under this contract.
E. The Department of State will file a request with the National
Communications System (NCS) for the assignment of a restoration priority immediately upon acceptance and activation of this circuit.
F. The circuit shall be completely transparent to the 1.544 mbps data, with no bits added to or deleted from the bit stream provided to the interface of the
Department of State equipment. The circuit shall be supplied for the transmission of a multiplexed aggregate bit stream for telegraphic and data signals. All other characteristics will be in accordance with International Telegraph and Telephone
Consultative Committee (CCITT) specifications.
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. 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 2,048 kbps data or different if specified on the service requirements, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment.
I. 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.
Page | 15
J. 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).
K. 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.
L. 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.
M. 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 2), excluding the exercise of any option.
N. Option CLINs, e.g. 0005 through 012, if exercised, as reflected in Section 1, shall be for Twelve (12) months each, commencing at the expiration of the previous period of performance or a negotiated period.
O. 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;
Page | 16
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.
P. 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.
Q. Government-Furnished Equipment (GFE): None
R. 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 the
Contracting Officer Representative (COR)
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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 authorized 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.
S. 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
Page | 18 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
Page | 19 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. The Government shall refer the problem to the carrier after performing tests as prescribed in the Trouble Analysis procedure. Obtain the name of the carrier test person and a carrier ticket number; record this information on the
Government’s Remedy Ticket.
b. After the trouble has been referred to the carrier for two (2) hours, recall the carrier for an update on the current trouble. Record the carrier’s response, the name of the individual you talked with, and the carrier ticket number on the
Remedy Ticket.
c. After the trouble has been referred to the carrier for four (4) hours, recall the carrier for an update on the current trouble. If the carrier’s response is not satisfactory escalate the trouble to the carrier’s management. Record the carrier’s response, the name of the individual you talked with, and the carrier ticket number on the Remedy Ticket.
d. After the trouble has been referred to the Contractor for six (6) hours the
COR shall escalate the trouble to the Contractor’s manager; also notify IRM/IMO and the Contracting Officer and the STATE IRM/ISC Office. Record the contractor’s response, the name of the individual you talked with, the Contractor
Page | 20 ticket number, and the names of the IRM managers that were notified on the
Remedy Ticket.
e. Continue to status the Contractor for the remainder of the outage or until you have received a problem resolved status.
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
Page | 21 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.
III. 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
(Pages)
Performance Threshold
Services.
Performs installation and internet (VNET) services set forth in the scope of work.
7. thru 20.
All required services are performed and no more than one (1) customer complaint is received per month.
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SECTION 2 - CONTRACT CLAUSES
52.212-4 TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEV NOV 2025)
(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.
(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The
Government must exercise its post acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the
Contractor may not assign its rights to receive payment under this contract.
(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.
Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR
52.233-1, Disputes, which is incorporated in this contract by reference. The
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Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the
Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—
(1) Notify the Contracting Officer in writing as soon as possible;
(2) Remedy the delay as quickly as possible; and
(3) Notify the Contracting Officer when the occurrence is over.
(g) Invoice. The Government will handle invoices according to the Prompt
Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any
United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment—
(1) Items accepted. Payment shall be made for items accepted by the
Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim
Page | 24 the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable;
(D) Contractor point of contact; and
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(5) Interest.
(i) All amounts that become payable by the Contractor to the
Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the
Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
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(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the
Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the
Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
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(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the
Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the
Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the
Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the
Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
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(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work
Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.
(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services;
(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to
Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) Other contract clauses incorporated in the solicitation or contract;
(4) Addenda to this solicitation or contract;
(5) Solicitation provisions incorporated in the solicitation;
(6) Other paragraphs of this clause;
(7) Other documents, exhibits, and attachments; and
(8) The specification.
(s) Unauthorized obligations.
(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement
(EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would
Page | 28 create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the
EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any
Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (s)(1) of this clause does not apply to indemnification by the
Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract.
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