951700-24-R-0027 150 MBPS Internet USAGM Philipines Request for Proposal final.pdf

Document Number: 951700-24-R-0027 Page 1 of 37

3. AWARD/EFFECTIVE DATE

1. REQUISITION NUMBER

a. NAME See Text

5. SOLICITATION NUMBER

951700-24-R-0027

4. ORDER NUMBER

9. ISSUED BY

United States Agency for Global Media

Office Of Contracts

330 Independence Avenue SW

Cohen Building, Room 4360

Washington, DC 20237

CODE 10. THE ACQUISITION IS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

EDWOSB

SIZE STANDARD:

8(A)

951700

b. TELEPHONE NUMBER (No collect calls)

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

12. DISCOUNT TERMS

0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 %

0 Days: 0.00 %

X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE X ARE NOT ATTACHED

ARE ARE NOT ATTACHED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

2. CONTRACT NO.

PAGE 1 OF

6. SOLICITATION ISSUE

DATE

06/20/2024

7. FOR SOLICITATION

INFORMATION CALL:

8. OFFER DUE DATE / LOCAL

TIME

07/19/2024

12:00 ET

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

13b. RATING

This is a combined synopsis/solicitation for commercial items that has been prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. This solicitation is issued as a request for proposal (RFP) utilizing 13.5 Simplified Procedures for Certain Commercial Items. Additional Proposal Instructions are as follows: See Section 5 Proposal Instructions and complete the Section 1 Pricing Table on page 4 of this Document, provide a total contract price that includes a total Base Period Price as well as all Option prices.

*Please Note: The contractor should request a site visit within five (5) days after solicitation is issued.

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.

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 THE CONTRACTING OFFICER (TYPE OR PRINT)

Natalie Ellis

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CODE 16. ADMINISTERED BY

United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

18a. PAYMENT WILL BE MADE BY

CODE 951700

17a. CONTRACTOR/

OFFEROR

CODE CODE 951700

Telephone No.

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

OFFER CHECKED SEE ADDENDUM

24. AMOUNT 23. UNIT PRICE 22. UNIT 21. QUANTITY 20. SCHEDULE OF SUPPLIES/SERVICES

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

19. ITEM NO.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

SEE

SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB X RFP

15. DELIVER TO

FACILITY

CODE

Document Number: 951700-24-R-0027 Page 2 of 37

19.

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

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

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

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

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 951700-24-R-0027 Page 3 of 37

Table of Contents

Section Description Page Number

1 Continuation Sheet

1 STATEMENT OF WORK

2 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

2 Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-12 Unique Entity Identifier Maintenance (Oct 2016) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (May 2024) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 1952.232-91 Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) (April 2016)

3 Documents, Exhibits, or Attachments

1 ATTACHMENT 1 - PERFORMANCE METRICS

2 ATTACHMENT 2 - QUALITY ASSURANCE MONITORING FORM

4 Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (May 2024) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.217-5 Evaluation of Options (July 1990) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (Oct 2020)

5 Other1

5 PROPOSAL INSTRUCTIONS

6 Other2

6 EVALUATION FACTORS FOR AWARD

Document Number: 951700-24-R-0027 Page 4 of 37

Section 1 - Continuation Sheet

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

1 Services

Firm Fixed Price

PSC:

0.000000

Period of Performance: 07/19/2024 - 07/18/2025

Description: CLIN 0001 - Base Year

Pricing Options: Base

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

1001 Services

Firm Fixed Price

Period of Performance: 07/19/2025 - 07/18/2026

Description: CLIN 1001 - Option Year 1

Pricing Options: Option

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

2001 Services

Firm Fixed Price

Period of Performance: 07/19/2026 - 07/18/2027

Description: CLIN 2001 - Option Year 2

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

3001 Services

Firm Fixed Price

Period of Performance: 07/19/2027 - 07/18/2028

Description: CLIN 3001 - Option Year 3

4001 Services

Firm Fixed Price

Document Number: 951700-24-R-0027 Page 5 of 37

Period of Performance: 07/19/2028 - 07/18/2029

Description: CLIN 4001 - Option Year 4

Document Number: 951700-24-R-0027 Page 6 of 37

1 STATEMENT OF WORK

1 INTRODUCTION AND BACKGROUND

The U.S. Agency for Global Media (USAGM), Philippines Transmitting Station currently uses a Dedicated Internet Service and Circuitry that efficiently deliver Mission Critical Transport Streams from USAGM Washington DC headquarters to USAGM Philippines Transmitting Station and vice versa. These program contents are being used by the Philippines Transmitting Station in shortwave and satellite broadcasting while the Washington Headquarters use the return Transport Streams for monitoring contract compliance. The total aggregated stream from Washington DC is approximately 40Mbps while the returns stream from Philippines is approximately 100Mbps.

The U.S Agency for Global Media also maintains other Shortwave Transmitting Stations around the world. This circuit will also be used in maintaining the DMVPN link between these sites used in VOIP and Data communications. The approximate bandwidth needed for this purpose is 20Mbps also accounted for the required 150Mbps Committed Information Rate.

The current Dedicated Internet Service of USAGM Philippines Transmitting Station has a Committed Information Rate (CIR) of 150Mbps. The required bandwidth and service has been consistently being provided for both Upstream and Downstream traffic with minimal downtimes and interruptions.

The USAGM Philippines Transmitting Station is situated at Tinang Concepcion Tarlac. The site is 1.2km away from the Barangay road and almost 6km away from the National Road, with access from the South via the Capas-Sta Rosa barangay road and from the North via the Burot -Sta Rosa Road. The site has an underground conduit from the Barangay Road up to the Demarcation point. There are also existing Telco poles owned by Philippine Long Distance Telephone Company inside the station property where their Fiber Optic Cable Infrastructure is attached.

2 OBJECTIVES

The USAGM Philippines Transmitting Station’s goal is to obtain Dedicated Internet Access which offer the following attributes:

2.1.1 Cost effective, reliable, scalable, and fault tolerant in the last mile with redundant physical link, necessary configurations will be applied for automatic failover functionality.

2.1.2 High Availability, Rapid deployment and fast restoration time to maintain the urgent mission requirements.

2.1.3 Direct Connection capability with major United States of America Internet Service Provider having alternative backup path.

2.1.4 Manageable and agile to adapt to possible urgent modifications.

3 SCOPE OF WORK

The U.S. Agency for Global Media (USAGM), Philippines Transmitting Station will procure a Dedicated Internet Service and Circuitry that must have a Committed Information Rate (CIR) of 150Mbp and a Network Availability of at least 99.96% but preferably reaching the highest quality of service of 100% to efficiently deliver Mission Critical Transport Streams from USAGM Washington DC headquarters to USAGM Philippines Transmitting Station and vice versa, with a Base period of one (1) year plus four (4) option periods for the delivery of program content from USAGM Washington DC headquarters to USAGM Philippines Transmitting Station and vice versa and for the preservation of the DMVPN Link to other USAGM stations.

4 SPECIFIC REQUIREMENTS

4.1 Functionality Requirements/Internet Service Quality

4.1.1 Internet Service Provider (ISP) shall install, maintain and deliver a dedicated Internet Service with a Committed Information Rate (CIR) of 150Mbps (not shared or bundled) high-speed access to the Internet with the following functionality and quality:

Data transport media must be fiber optic cable, terrestrial connectivity, twenty-four (24) hours up time with no Data.

Must not require the installation of any custom software on the client side.

Must provide a fixed 150Mbps bandwidth, symmetric connectivity where bandwidth is defined as the maximum capacity of a channel, measured in megabits per second (Mbps), without distortion. Symmetric means both upstream and downstream channel bandwidth should be 150Mbps at all times.

Document Number: 951700-24-R-0027 Page 7 of 37

Must guarantee a full contracted bandwidth availability of 24x7x365 from the United States Agency for Global Media Philippines Transmitting Station to their Internet Gateway. The connection Ratio of the Upstream and Downstream shall be 1:1. Upstream is defined as the transmission from the client side to the Remote Server while the transmission from the Remote Server to the client side is the Downstream.

Must provide a fault-tolerant connectivity for this requirement. Fault-tolerant means having at least two physical Fiber Optic Link originating from two different nodes; North and South, and related network devices with automatic failover functionality. The primary and redundant link must be installed on two different paths; underground and aerial going to the USAGM Philippines Transmitting Station compound Satellite Interconnect System Building (SIS ) Room. Failover-Switching must not incur any notable interruptions.

Must have a redundancy in the Internet backbone between Philippines and USA; if NAP (Network Access Point) of the host country’s backbone fail, NAP Americas, NAP Sprint, or any other alternate backbone paths shall be made.

4.2 Functionality Performance Measures and Performance Standards

4.2.1 The Contractor must NOT, repeat, NOT use Network Address Translation (NAT) for this Dedicated Internet Service.

4.2.2 The Contractor must ensure a latency of less than 100ms between the client side to the local gateway and less than 200ms between the local gateways to United Sates of America (USA) Point of Presence.

4.2.3 The Contractor must permit the transit of all Internet Protocol (IP) protocols (especially IPsec), including but not limited to, User Datagram Protocol (UDP), Transmission Control Protocol (TCP), and IPSEC to transit without filters or proxies. Unfiltered access to the Internet is required without firewall blocking. Filters or sniffers must not be established, connected, or introduced for any USAGM channels.

4.2.4 The Contractor must permit installation of Customer VPN encryption devices on circuit.

4.2.5 The Contractor must provide excellent Quality of Service (QOS) for the connection, which represents the level of consistent bandwidth capacity provided at a minimum network reliability rate of 99.96% or the highest possible quality of service connection reaching 100%. Circuit Availability level must not be less than 99.7% that accounts all planned or unplanned downtimes. Circuit availability is equivalent to (Hours in Day x Days in a Year) – Service Outage Time divided by (Hours in Day x Days in a Year).

Network availability will be computed against the Acceptable Circuit Availability percentage.

4.3 Technical Requirements/Contractor Responsibilities

4.3.1 The Contractor shall provide a block of thirty two (32) public internet IP Addresses on a single subnet. It must provide IP addresses (Network IP address /27) or equivalently for the local segment, and (Network IP address /30) or equivalently, for the WAN segment intended connection to ISP Gateway.

4.3.2 The Contractor shall be responsible for the technical sufficiency of the circuit, including measures necessary to establish, operate, and restore the circuit.

4.3.3 The Contractor shall provide qualified personnel who shall conduct regular maintenance and repair as needed in coordination with the Contracting Officer’s Representative and/or the USAGM Philippine Telecom Unit personnel. Failure to provide the qualified personnel described in Section 16 of this SOW will result in prohibition to enter the site and may lead to the consequences of Prolonged Downtime described in this SOW.

4.3.4 Network Devices: The Contractor shall provide the required Customer Premises Equipment while USAGM will provide at no cost the interface cables between the CPE and the local Router/Switches and the required Uninterrupted Power Supply (UPS) to ensure continuous operation of the service. The Customer Premises Equipment may include Routers or modems, media converters, Optical Distribution Frames and Fiber Optic Patch Cables.

4.3.5 The Contractor shall install redundant Fiber Optic Links on two different paths; underground and aerial. They shall be responsible in installing the needed poles or in establishing a Joint Pole Agreement with other providers to achieve this cabling infrastructure requirement.

4.3.6 Performance Standard: The network interfaces must be either RJ-45 or Fiber Optic Network Interface capable of delivering the required bandwidth. The devices must be rack-mountable in a Commercial off the Shelf rack.

4.3.7 Service Support and Contingencies: The Contractor must warrant service support on site if necessary 7x24x365; services must be coordinated directly with USAGM Contracting Officer’s Representative (COR) or to the Philippine Telecom Unit representative.

They must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process and after sales support.

4.3.8 The Contractor must have on call technicians to address immediate concerns and coordinate major issues to their technical group for immediate restoration. The response time shall be no more than 60 minutes after the need to do so has been determined.

4.3.9 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 use.

4.3.10 The Contractor must provide on line web access data traffic analysis graphs capabilities. Graphs must be updated on a daily basis. Graphs must retain traffic history behavior for at least one year.

4.3.11 The Contractor shall be responsible for notifying USAGM Philippine Telecom Unit personnel and the Contractor Officer Representative of all downtimes, whether proposed, planned or incidental.

5 DELIVERABLES

5.1 The Contractor shall submit the following deliverables:

5.1.1 Transition Plan to be presented during the Kick Off Meeting.

5.1.2 Dedicated Internet Service and Circuitry with Committed Information Rate of 150Mbps delivered within 30 days after Contract Award.

Document Number: 951700-24-R-0027 Page 8 of 37

5.1.3 Block of thirty two (32) public internet IP Addresses on a single subnet. It must provide IP addresses (Network IP address /27) or equivalently for the local segment, and (Network IP address /30) or equivalently, for the WAN segment intended connection to ISP Gateway delivered within 30 days after Contract Award.

5.1.4 Detailed network topology map that shows all possible paths possible for the internet traffic between the nearest local hub in the Philippines and the remote hub in United States of America (USA) provided within 60 days after service is accepted.

5.1.5 Web access data traffic analysis graphs to monitor the service to be provided within 30 days after service is accepted.

5.1.6 An updated Escalation Protocol with Contact Details and Procedures to ensure smooth coordination of any issues regarding the service to be given within 30 days after the Contract Starts. The Protocol shall contain an Escalation List that includes the Contractor’s Contact person, Contact Numbers and Email addresses on each Level that the USAGM personnel shall refer the problem to as it arises. The Contractor shall immediately notify the Contracting Officer’s Representative regarding any changes on the Escalation Protocol.

5.1.7 List of Qualified Personnel with the required Qualifications stated in this SOW to be given 10 days after Contract Award.

5.1.8 The Contractor shall always provide Reason for Outage (RFO) reports immediately after the service has been restored via email.

Such reports shall be in pdf format and shall contain the following information.

Start Time/Date of Outage End Time/Date of Outage Reason for the Outage Corrective Actions

5.1.9 Invoices or Payment Requests to be given monthly.

6 ACCESS TO GOVERNMENT FACILITY

The United States Agency for Global Media (USAGM) Philippines Transmitting Station shall provide the necessary access allowing duly authorized Contractor’s/Offeror’s personnel to enter and leave USAGM premises at all reasonable hours at such frequency as may be necessary for the purpose of conducting surveys, inspection, repair and maintenance, and/or removal of its equipment and facilities in connection to the data service.

7 DELIVERY SCHEDULE AND TRANSITION PERIOD

7.1 The required circuits shall be installed and delivered to USAGM Philippines Transmitting Station within 30 Days after Contract Award. Upon successful installation and acceptance by the Government of the required circuit described in this Statement of Work, the Contractor shall be provided, in writing, notice to proceed and shall provide contractual services for a Base Period of eleven

(11) months, commencing on the date specified in the notice to proceed and with the option to continue to the next Option Years at USAGM’s Discretion.

7.2 The Contractor agrees that the work and services set forth in this Statement of Work 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.

7.3 The Contractor must not auto-renew the contract after the 12 month period has expired unless a signed modification to Exercise the Next Option Year is Received from the Contracting Officer.

8 TRANSITION PERIOD

8.1 After the contract is awarded there will be a maximum of 30 days transition period for the installation and configuration of the needed Network Infrastructure. There will be a kick-off meeting between the Contracting Officer Representative, Program Office and the Contractor 3 days after the contract award to discuss the transition plan. After the meeting the Contractor will have a maximum of 27 days to install, configure and test the circuit to provide the required service. Once the circuit is ready, the Contracting Officer Representative and the Program office will coordinate and lead some final tests together with the Contractor to verify the integrity of the service. After the service has been verified the COR will certify the Service Acceptance Documentation from the Contractor which will allow it to proceed and provide the service for the base period of 11 months.

8.2 Schedule for Transition Period

Date (A = day the contract is awarded)

1. Award A

2. Kick off meeting B: B = A + 3 days

3. Installation and Configuration C: C = B + 25 days 4 Testing D: D = C + 1 day

5. Acceptance E: E = D + 1 day

6. Start Day of full Implementation and

Operation F: F = E

9 CONTRACT TYPE

This is a Firm Fixed Price Contract. The Contractor is responsible in determining the overall cost of the services stated in this Statement of Work (SOW) for the whole Contract Period. The agreed price is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. All modifications to this contract will only be implemented by the Contracting Officer or through the Contracting Officer’s Representative in the form of an Amendment Memo if the necessity to do so has been determined.

10 PERIOD OF PERFORMANCE

Document Number: 951700-24-R-0027 Page 9 of 37

The period of performance for the Contract will be one (1) month Transition Period followed by an eleven (11) month Base period with4 (four) 12 (twelve) month Option Years to be exercised at the Government’s discretion.

Transition Period August 19, 2024 – September 18, 2024 Base Period: September 19, 2024 – August 18, 2025 Option Year 1: August 19, 2025 – August 18, 2026 Option Year 2: August 19, 2026 – August 18, 2027 Option Year 3: August 19, 2027 – August 18, 2028 Option Year 4: August 19, 2028 – August 18, 2029

11 PLACE OF PERFORMANCE

The place of performance is at United States Agency for Global Media (USAGM) Philippines Transmitting Station, Tinang, Concepcion, Tarlac.

12 INVOICING/INVOICING PROCEDURES AND PAYMENT TERMS

12.1 All payments, (MONTHLY CHARGES and INSTALLATION FEES) shall be made via EFT within 30 Days from the receipt of original invoice after the services have been rendered.

12.2 The United States Agency for Global Media will not pay anything in advance for the services specified in this Statement of Work

(SOW).

12.3 The United States Agency for Global Media (USAGM) is exempt from paying the ad valorem/ specific tax, custom and duties imposed by the Philippine Government under section 106(a) and 109 of the Tax Code of 1997, respectively. Thus, price(s) shall be billed to the USAGM net of ad valorem tax, value added tax (VAT), custom and duties.

12.4 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.

12.5 The Contractor is responsible in submitting an official invoice that contains, but not limited to the following information:

Name of Contractor Date of Invoice Original Invoice Number Contract Number Description of the item, or service actually Period of Performance of service Block/space reserved for COR acceptance signature and date Credits with explanation and period

13 INSPECTION AND ACCEPTANCE CRITERIA

13.1 USAGM shall inspect and certify the circuit by performing the following tests.

Speed Test; to verify Upstream and Downstream bandwidth. Using reliable speed test applications, the Program Office will perform multiple speed tests and download/upload tests to verify the capacity of the circuit.

Failover Test; to verify redundancy functionality. The circuit will be tested by simulating actual disconnection for the primary and secondary link to validate the failover functionality.

IP Address allocation; to verify the validity of the provided IP Addresses. The provided IP Addresses will be assigned on USAGM Philippine Transmitting Station’s Network Devices and tested for connectivity to confirm their validity.

13.2 The Authorized Personnel of United States Agency for Global Media Philippines Transmitting Station stated in this SOW are the only authorized individuals to inspect, identify and accept the level of performance stated in this Statement of Work. The COR/ Program Office will perform the final inspection after all the required hardware and services are put in place.

13.3 If the Service does not meet the required specifications and functionality stated in this SOW, the Contracting Officer Representative will not certify the service acceptance documentation until the issue is rectified within the 30 days transition period.

If the contractor still fails to provide the necessary service after the 30 days transition period elapsed, they will be given additional 30 days to complete the requirement. If the Contractor still cannot accomplish the specific requirement stated in this Statement of Work after 60 days, USAGM Philippines Transmitting Station will withdraw the Contract award at no cost and transfer it to the next qualified Contractor. The United States Agency for Global Media Philippines Transmitting Station will not accept and process invoices until the requirement is established.

14 PERFORMANCE MONITORING and QUALITY ASSURANCE SURVEILLANCE PLAN The Quality of Service specified in this Statement of Work will be monitored on a Day to Day basis. The required data analysis traffic graphs will be used as reference along with recorded downtimes and other issues in evaluating the overall performance of this contract that will determine its integrity to continue the Service. A separate Quality Assurance Surveillance Plan is attached to this Statement of Work to define the Strategies and Procedures that will be used in monitoring and evaluating the Contractor’s performance.

15 SPECIAL CONTRACT REQUIREMENTS

15.1 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.

15.2 Credits for Circuit Downtime by Situation : Below Availability Level: If the downtime accumulated for a circuit adds up to 26.28 hours (8760 x 0.3%) cumulative hours or more during any one contract year (365 calendar days) the Contractor shall grant a hourly

Document Number: 951700-24-R-0027 Page 10 of 37 credit to the Government for each hour of downtime. Each additional one hour increment or portion thereof will be assessed as an additional hour.

15.3 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.

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

15.5 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.

16 DEFINITIONS

16.1 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 8,733.72 hours annum. (365 x 24 = 8760 x 99.7% = 8,733.72).

16.2 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%).

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

16.4 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 this Statement of Work. There are two (2) situations when circuit Downtime Credits can be accumulated:

Below Availability Level, Extended Downtime.

16.5 Qualified Personnel: Network Engineers, Technicians and or IT Personnel with relevant Certifications and at least 3 years of Experience in managing and troubleshooting Network Infrastructure and Network devices.

17 UNITED STATES AGENCY FOR GLOBAL MEDIA PHILIPPINES TRANSMITTING STATION AUTHORIZED

PERSONNEL

17.1 Contracting Officer: 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. The Contacting Officer is as follows:

Contracting Officer Natalie Ellis Office of Management Services/Contracts U.S. Agency for Global Media (USAGM) nellis@usagm.gov Office Phone: (202) 920-2305

17.2 Contracting Officer’s Representative (COR) Alternate Contracting Officer representative: The Contacting Officer 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 and ACOR shall represent the CO as specified in his/her delegation of authority letter. The COR/ACOR 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. The COR and ACOR is as follows:

Contracting Officer Representative (COR) Nathaniel Q. Mallari Computer Management Assistant nmallari@usagm.gov

(045) 982 -0254

USAGM/PTS

Tinang, Concepcion Tarlac

Document Number: 951700-24-R-0027 Page 11 of 37

Alternate Contracting Officer Representative (ACOR) May Angelie Lustestica Computer Management Specialist mlustestica@usagm.gov

(045) 982 0254

USAGM/PTS

Tinang, Concepcion Tarlac

17.3 Technical Point of Contact:

Philippine Telecom Unit Personnel

USAGM/PTS

Tinang, Concepcion Tarlac

(045) 982 0254/55 ptu@usagm.gov

18 SITE VISITS

18.1 The Contractor must coordinate all site visits including but not limited to maintenance and restoration to the Contracting Officer’s Representative or to the Philippine Telecom Unit’s Representative so that the necessary access can be arranged to enter and leave USAGM premises at all reasonable hours at such frequency as may be necessary for the purpose mentioned in this SECTION.

2 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1 Introduction The Quality Assurance Surveillance Plan (QASP) is pursuant to the requirements listed in the Performance Work Statement or Statement of Work for Dedicated Internet Access with 150Mbps Committed Information Rate. This plan sets forth the procedures and guidelines that United States Agency for Global Media Philippines Transmitting Station will use in evaluating the services of the Dedicated Internet Access’ Contactor. The QASP is not final; it shall be revised or modified by USAGM/PTS as conditions require, throughout the life of the contract to ensure adequate oversight of Contractor’s performance. Any such recommended changes shall be discussed with the Contractor and approved by USAGM prior to becoming effective.

1.1 Purpose

1.1.1 The purpose of this QASP is to describe the systematic methods used to monitor the level of service and identify the required documentation and resources to be employed. The QASP provides a means for evaluation whether the contractor is meeting the required level of service stated in the Statement of Work and to ensure that the Government only pays the level of service received.

1.1.2 The QASP defines roles and responsibilities of the Program Team in evaluating the performance of the Contractor.

1.2 Performance Management Approach

1.2.1 The Performance-based PWS structures the acquisition around “what” service or quality of service is required as opposed to “how” the contractor should perform the work. The QASP will define the performance management approach taken by USAGM/ PTS to monitor, manage and take appropriate action on the contractor’s performance against expected outcomes or quality of service defined in the PWS or SOW. Performance Management rests on developing a capability to review and analyze information generated on performance metrics which will aid in the decision making process in managing the contract. The data gathered from the Performance Metrics will be useful in evaluating the contractor’s performance against the required services specified in the Statement of Work.

1.2.2 Performance Management also represents a significant shift from the more traditional Quality Assurance (QA) concepts in several ways. Performance management focuses on assessing whether or not outcomes are being achieved and migrates away from scrutiny on compliance with the processes and practices used to achieve the outcome. The only exceptions to process reviews are those required by law (Federal, State, and local) and compelling business situations such as safety and health. An outcome focus provides the contractor flexibility to continuously improve and innovate over the course of the contract as long as the critical outcomes expected are being achieved at the desired levels of performance.

1.3 Performance Management Strategy

1.3.1 The Contractor is responsible for the quality of the service being delivered. The contractor must establish its own Quality Control Program (QCP) which contains strategies and procedures in monitoring and self-inspecting the quality of the service and other performance requirements in the PWS or SOF.

1.3.2 The Government representative will monitor performance and review performance reports furnished by the contractor to determine how the contractor is performing against communicated performance The Government will make decisions based on performance measurement metric data and notify the contractor of those decisions. The contractor will be responsible for making required changes in processes and practices to ensure performance is managed effectively.

2 Roles and Responsibilities

2.1 The Contracting Officer

2.1.1 The Contracting Officer (CO) is responsible for monitoring contract compliance, contract administration, and cost control and in resolving any differences between the observations documented by the Contracting Officer’s Technical Representative (COTR) and the contractor’s performance.

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2.1.2 The CO will designate one full-time COR as the Government authority for performance management. Additional representatives, called “Technical Inspectors,” may be assigned to monitor compliance with this contract as deemed warranted by the CO and the COTR. The number of any Technical Inspectors shall depend upon the complexity of the services measured as well as the contractor’s performance.

2.2 The Contracting Officer’s Representative

2.2.1 The COR is responsible for monitoring, assessing, and communicating the technical performance of the contractor and assisting the contractor. The COR will have the responsibility for completing QA monitoring forms (refer to Attachment II) used to document the inspection and evaluation of the contractor’s work performance. Government surveillance may occur under the Inspection of Services clause for any service relating to the contract.

3 Identification of Services to be Performed The required performance standards and/or quality of service are included in the Performance Works Statement (PWS) or Statement of Work (SOW). The Acceptable level of service is defined on Section 4 of the PWS/SOW.

4 Methods to Monitor Performance

4.1 Surveillance Technique

In an effort to minimize the contract administration burden, simplified methods of surveillance techniques shall be used by the Government to evaluate contractor performance. The primary methods of evaluation are:

1. Random Checking of Network Capacity

2. Random Speed Tests

3. Checking of Required Data Traffic Analysis Graphs

4. Logging of Downtimes and reviewing of Outage Reports

5 Quality Assurance Reporting

5.1 The Performance Management Feedback Loop

5.1.1 The performance management feedback loop begins with the communication of expected Performance standards are expressed in the PWS and measured by the required performance metrics in Attachment I.

5.2 Monitoring forms

5.2.1 The Government’s Quality Assurance monitoring, accomplished by the COR (and others as designated) will be reported using the monitoring forms in Attachment II. The forms, when completed, will document the COR’s understanding of the contractor’s performance under the contract to ensure that the PWS requirements are being met.

5.2.2 The COR will retain a copy of all completed QA Surveillance

6 ANALYSIS OF QUALITY ASSURANCE MONITORING RESULTS

6.1 The Government shall use the evaluation methods cited to determine whether the Acceptable Quality of Service has been The Government’s evaluation is then translated into the specific negative incentives that cause adjustments to the contractor’s monthly payments.

6.2 At the end of each month, the COR will prepare a written report for the CO summarizing the overall results of the quality assurance monitoring of the contractor’s performance. This written report will include the completed Quality Assurance Monitoring Forms (Attachment II) and will become part of the QA documentation. Other requirements pertaining to these written reports (such as format and content) will be determined and established after contract award, with input from the contractor.

6.3 The CO may require the contractor’s project manager, or a designated alternate, to meet with the CO and other Government key personnel as deemed necessary to discuss performance evaluation. The COR will define a frequency of in-depth reviews with the contractor, however if the need arises, the contractor will meet with the CO as often as required or per the contractor’s request. The agenda of the reviews may discuss:

• Contractor performance measured by the metrics and trends

• Issues and concerns of both parties

• Projected outlook for upcoming months and progress against expected trend

• Recommendations made by the COR based on evaluation and change in requirements

• Issues arising from independent reviews and inspections

7 Failure to Perform

7.1 Notifications

Consistent with FAR Part 49, the CO shall notify the service provider of failure to meet standards through QA monitoring forms, cure notices, or show cause notices and shall inform the service provider project manager or designated alternate of such notices.

7.2 Deductions

The Government has the right to withhold a percentage of payment of the monthly cost for performing particular services based on failure to meet performance standards. The percentage and or amount of such withholding is defined in Section 15 of the Performance Work Statement (PWS) or Statement of Work (SOW).

7.3 Termination

If the CO determines that the contractor has failed to perform to the extent that a termination for default is justified, the CO shall issue a notice of termination, consistent with FAR Part 49.

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PERIOD OF PERFORMANCE

ITEM START END

1 07/19/2024 07/18/2025

1001 07/19/2025 07/18/2026

2001 07/19/2026 07/18/2027

3001 07/19/2027 07/18/2028

4001 07/19/2028 07/18/2029

Section 2 - Contract Clauses

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):

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

[Insert one or more Internet addresses]

(End of clause)

52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

52.204-12 Unique Entity Identifier Maintenance (Oct 2016)

(a) Definition. Unique entity identifier, as used in this clause, means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at the System for Award Management (SAM) for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate

Document Number: 951700-24-R-0027 Page 14 of 37 modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

52.204-13 System for Award Management Maintenance (Oct 2018)

(a) Definitions. As used in this clause--

"Electronic Funds Transfer (EFT) indicator" means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

"Registered in the System for Award Management (SAM)" means that--

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

"System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes--

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

"Unique entity identifier" means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity.

See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.

To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1) (i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--

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(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.