Addis Ababa Solicitation for VSAT dedicated bandwidth internet service.docx

70SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR10250538

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

19ET1022Q0002

6. SOLICITATION ISSUE DATE

December 02,2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Seble Tadesse Contracting Specialist

b. TELEPHONE NUMBER(No collect calls) 011 130 6728

8. OFFER DUE DATE/ LOCAL TIME

December 31/2021 17:00

9. ISSUED BY CODE

US Embassy Addis Ababa P.O. Box - 1014

|_| HUBZONE SMALL

BUSINESS

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

SMALL BUSINESS PROGRAM NAICS:

Addis Ababa, Ethiopia

|_| SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

|_| EDWOSB

11. DELIVERY FOR FOB DESTINAT-

TION UNLESS BLOCK IS

MARKED

|_| SEE SCHEDULE

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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

U.S Embassy Addis Ababa Attn: Contracting Office P.O.box - 1014 Addis Ababa, Ethiopia

CONTRACTING OFFICER

17a. CONTRACTOR/

OFFERER

TELEPHONE NO.

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

FINANCIAL MANAGEMENT OFFICE

CODE

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

OFFER

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

VSAT dedicated bandwidth internet service

25. ACCOUNTING AND APPROPRIATION DATA

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

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

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print) Mark Fernando 31c. DATE SIGNED December 02,2021

Date: December 2, 2021

American Embassy, Addis Ababa P.O. Box -1014 Addis Ababa, Ethiopia

Dear Prospective Quoter:

SUBJECT: Solicitation Number 19ET1022Q0002 VSAT dedicated bandwidth internet service

The Embassy of the United States of America invites you to submit a quotation for VSAT dedicated bandwidth internet service for the U.S. Embassy, Addis Ababa.

Your quotation must be submitted separately one technical and one price via e-mail at addisgsoprocurement@state.gov Attn to the Contracting Officer, Mark Fernando on or before December 31, 2021, COB. No quotations will be accepted after this time.

In order for a quotation to be considered, you must also complete and submit the following:

0. SF-1449 (blocks 17, 24 and 30). Block 24 should list the total value of the quote for the base year and the option year.

0. Section 1, The Schedule (Fill-in pricing)

0. Section 5, Representations and Certifications;

0. Additional information as required in Section 3.

The U.S. Government intends to award a contract to the responsible offeror representing best value using comparative evaluation authorized under FAR 13.106-2(b) (3).A comparative evaluation is defined as the act of comparing two or more offers in response to the RFQ. The item-by-item comparison is performed by comparing each offer directly to one another to determine which provides the best value to the Department.

Comparative evaluation is NOT a low price technically acceptable (LPTA) or trade-off process. Prospective offers must still meet basic standards for responsibility at FAR 9.104 and solicitation compliance to be eligible for award. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies if there is a need to do so.

Direct any questions regarding this solicitation to Contracting Specialist: Seble Tadesse via e-mail at TadesseS@state.gov during regular business hours.

Sincerely, Mark Fernando Contracting Officer

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number 19ET1022Q0002, Prices, Block 23

· Continuation To SF-1449, RFQ Number 19ET1022Q0002, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 to Description/Specifications/Statement of Work, Government furnished Property

Section 2 - Contract Clauses

· Contract Clauses

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

Section 3 - Solicitation Provisions

· Solicitation Provisions

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449, RFQ NUMBER 19ET1022Q0002

PRICES BLOCK 23

I. SCOPE OF SERVICES

The Contractor shall complete all work, including furnishing all labor, material, equipment, and services, unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price listed below shall include all labor, materials, overhead, and profit. In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm fixed-price for all services.

II. BASE PERIOD

The contract will be for a one-year period from the date of the contract award and a notice to proceed with four 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 USD.

2.1 VALUE ADDED TAX

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

2.2. The firm fixed-prices are in USD

BASE YEAR ( ____________________)

Contract Line Item #

of Months

Firm-Fixed Price

Receive CIR, 20 Mbps Transmit CIR, 20 Mbps 24 X 7 technical support

VSAT dedicated bandwidth internet service Receive CIR, 30 Mbps Transmit CIR, 30 Mbps

VSAT dedicated bandwidth internet service Receive CIR, 40 Mbps Transmit CIR, 40 Mbps

VSAT dedicated bandwidth internet service Receive CIR, 50 Mbps Transmit CIR, 50 Mbps

Labor, VSAT equipment configuration, Re-pointing and commissioning.

Service must be compatible with our current hardware: Newtec MDM 6000 40/40 modem and Terrasat 60W BUC.

SUB-TOTAL

GRAND TOTAL FOR BASE YEAR

OPTION YEAR ONE (____________________)

of Months

Firm-Fixed Price

Receive CIR, 20 Mbps Transmit CIR, 20 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 30 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 40 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 50 Mbps

Labor, VSAT equipment configuration, Service must be compatible with our current hardware: Newtec MDM 6000 40/40 modem and Terrasat 60W BUC.

SUB-TOTAL

GRAND TOTAL FOR OPTION YEAR ONE

OPTION YEAR TWO: (__________________)

of Months

Firm-Fixed Price

Receive CIR, 20 Mbps Transmit CIR, 20 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 30 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 40 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 50 Mbps

Labor, VSAT equipment configuration, Service must be compatible with our current hardware: Newtec MDM 6000 40/40 modem and Terrasat 60W BUC.

SUB-TOTAL

GRAND TOTAL FOR OPTION YEAR TWO

OPTION YEAR THREE: (____________________)

of Months

Firm-Fixed Price

Receive CIR, 20 Mbps Transmit CIR, 20 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 30 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 40 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 50 Mbps

Labor, VSAT equipment configuration, Service must be compatible with our current hardware: Newtec MDM 6000 40/40 modem and Terrasat 60W BUC.

SUB-TOTAL

GRAND TOTAL FOR OPTION YEAR THREE

OPTION YEAR FOUR: (___________________)

of Months

Firm-Fixed Price

Receive CIR, 20 Mbps Transmit CIR, 20 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 30 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 40 Mbps

VSAT dedicated bandwidth internet service

Transmit CIR, 50 Mbps

Labor, VSAT equipment configuration, Service must be compatible with our current hardware: Newtec MDM 6000 40/40 modem and Terrasat 60W BUC.

SUB-TOTAL

GRAND TOTAL FOR OPTION YEAR FOUR

GRAND TOTAL CONTRACT PRICE, INCLUDING ALL OPTION YEARS

Base Period Total Price

First Option Year Total Price

Second Option Year Total Price

Third Option Year Total Price

Fourth Option Year Total Price

GRAND TOTAL FIRM-FIXED PRICE

FOR BASE YEAR PLUS ALL OPTION YEARS

CONTINUATION TO SF-1449, RFQ NUMBER

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 a VSAT dedicated bandwidth internet service for the U.S. Embassy, Addis Ababa.

Service:

Post is seeking a 20x20 Mbps symmetrical always up unlimited internet connection via satellite. The contract period should be for 1 base year and 4 option years. Line items shall include cost of increasing bandwidth to (30x30 Mbps, 40x40 Mbps and 50x50 Mbps), should we require greater throughput. The circuit must be dedicated to the embassy.

This internet circuit shall be high-end, professional grade service that differs from the residential, dial up service. Dedicated (not shared or bundled) Internet Bandwidth, 24/7, “always-on” with unlimited usage is required. Fiber optic, from the Modem to Post equipment is preferred. The ISP access circuit to the Post must meet the following specifications/requirements for connectivity.

1. A /28 subnet static Public IP addresses for VPN equipment, network mask, and default gateway IP address.

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

3. ISP availability: "Always on"

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

5. ISP must permit all IP protocols (including but not limited to ICMP, UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking or stateful inspection.

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

7. ISP must permit ping and trace route traffic from 169.252.0.0/16 and 169.253.0.0/16 to the ISP connection (LC fiber Gigabit MM router interface which terminates Customer VPN encryption device).

8. High quality performance, the following parameters in a vendor’s Service Level Agreement (SLA) should be used:

a. Packet Loss <= 0.5%

b. Availability of 99.9%.

c. Latency RTT of packets < 700 milliseconds for internet service.

9. Multiple paths fault-tolerant connection from the Telecommunications Service Entrance Facilities (TSEF) back to the United States or existing State Department gateway.

10. Documented escalation process for support with initial outage reporting to the customer within 10 minutes of discovery.

11. Customer access to web-based application providing at a minimum throughput and circuit availability data.

Equipment:

The following devices are currently being used to support the VSAT service at the U.S. Embassy in Addis Ababa. The vendor should ensure that this equipment can support the requested bandwidth upgrade.

· Newtec MDM 6000 Model/Label No. is SES 946 – current software version 3.3.0.87525 (TID: 2)

· Terrasat 40W BUC

We are seeking a Service Level Agreement (SLA) where we can contact the NOC to quickly troubleshoot and restore connectivity. We also expect for the NOC to contact us, should they see potential problems with connectivity.

Prospective solicitors must detail technical specifications, delivery details, and connectivity path details to receive full consideration.

THIS IS THE LIST OF REQUIRED SERVICES:

SERVICE: VSAT dedicated bandwidth Internet service

DESCRIPTION:

The Satellite bandwidth internet service:

Receive CIR, 20 Mbps Transmit CIR, 20 Mbps 24 X 7 technical support_____________________________________

Receive CIR, 30 Mbps Transmit CIR, 30 Mbps 24 X 7 technical support_____________________________________

Receive CIR, 40 Mbps Transmit CIR, 40 Mbps 24 X 7 technical support_____________________________________

Receive CIR, 50 Mbps Transmit CIR, 50 Mbps

TYPE OF

SERVICE:

Dedicated Internet Channel

LOCATION:

U.S. Embassy, Addis Ababa

ALL PROVIDED INTERNET SERVICES AND DATA POINT-TO-POINT CONNECTIONS MUST COMPLY WITH THE FOLLOWING REQUIREMENTS (EXCEPT WHEN SPECIFIED):

Internet Services Quality

Internet Service Provider (ISP) must provide dedicated leased channel high-speed access to the Internet. 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.

For Internet Services the Internet Service Provider (ISP) must guarantee full contracted bandwidth availability 24X7X365 from the originator side to the ISP’s internet gateway. Bandwidth sharing between other non-Embassy customers is not allowed. Connection Ratio must be 1/1.

High quality performance, the following parameters in a vendor’s Service Level Agreement (SLA) should be used:

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 700ms for the Round Trip Time (RTT) for internet service. Also, RTT must be faster than 700ms for local data services (for instance: point-to-point channels or web pages accessed through the Ethiopia Network Access Point (NAP).

ISP must permit all IP protocols (including but not limited to ICMP, UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking or stateful inspection.

ISP must provide Fiber Optic connectivity to the very end at the U.S. Embassy Addis Ababa compound Telecommunications Service Entrance Facilities (TSEF) Room. Internet Service Provider (ISP) must provide router(s) and Data media converters or transmission devices in all cases to allow for connection to customer equipment.

Network Identification

Internet Service Provider (ISP) must provide /28 number of public IP Addresses.

Network Devices

The network devices shall comply with the following characteristics:

Must not have ZTE, Huawei, Xiaomi and affiliated branded products in use on the internet connection. Post may not enter into contract (or extend or renew contract) with an entity that uses above mentioned equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Service Support and Contingencies

ISP must warrant service support 7X24X365.

ISP must warrant service support on site if necessary 7X24X365, services must be coordinated directly with Embassy’s Contracting Office Representative (COR) or Information Technology (IT) representative from the Embassy Information Systems Center (ISC).

ISP should have direct connection capability with major United States of America (U.S.A) telecommunication providers (ISPs) at Internet tier 1 level, having alternative line channels or backups in case of main Internet path malfunctioning, if local conditions permit.

ISP must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process

THE PROVIDED INTERNET SERVICE AND DATA POINT-TO-POINT CONNECTIONS MUST COMPLY WITH THE FOLLOWING REQUIREMENTS:

Internet Services Quality

Internet Service Provider (ISP) must provide dedicated leased Point-to-Point / Clear channel; data transport media must be fiber optic. 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. Must have round trip time faster than 700ms.

Internet Service Provider (ISP) must provide Fiber Optic connectivity to the very end at the U.S. Embassy Addis Ababa compound Telecommunications Service Entrance Facilities (TSEF) Room.

This internet circuit shall be high-end, professional grade service that differs from the residential service. ENM requires dedicated (not shared or bundled) Internet Bandwidth, 24/7, “always-on” with unlimited usage. Fiber optic, terrestrial connectivity is preferred. The local ISP access circuit to the Post must meet the following specifications/requirements for connectivity.

A /28 subnet static Public IP addresses for VPN equipment, network mask, and default gateway IP address.

ISP interface connectors: LC fiber connector (MM-multimode) – Gigabit interface. Internet Service Provider (ISP) must provide all data media converters or transmission devices in all cases.

ISP availability: "Always on". Bandwidth sharing between other non-Embassy customers is not allowed. Connection Ratio must be 1/1.

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

ISP must permit all IP protocols (including but not limited to ICMP, UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking or stateful inspection.

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

ISP must permit ping and trace route traffic from 169.252.0.0/16 and 169.253.0.0/16 to the ISP connection (LC fiber Gigabit MM router interface which terminates Customer VPN encryption device.)

High quality performance, the following parameters in a vendor’s Service Level Agreement (SLA) should be used:

Network Devices

The network devices shall comply with the following characteristics:

Must not have ZTE, Huawei, Xiaomi and affiliated branded products in use on the internet connection. Post may not enter into contract (or extend or renew contract) with an entity that uses above mentioned equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Service Support and Contingencies

ISP must warrant service support 7X24X365.

ISP must warrant service support on site if necessary 7X24X365, services must be coordinated directly with Embassy’s Contracting Office Representative (COR) or Information Technology (IT) representative from the Embassy Information Systems Center (ISC).

ISP should have direct connection capability with major United States of America (U.S.A) telecommunication providers (ISPs) at Internet tier 1 level, having alternative line channels or backups in case of main Internet path malfunctioning, if local conditions permit.

ISP must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process

SERVICE: Internet U.S. Embassy, Addis Ababa

THE PROVIDED INTERNET SERVICE AND DATA POINT-TO-POINT CONNECTIONS MUST COMPLY WITH THE FOLLOWING REQUIREMENTS:

II. GENERAL:

The Department of State has a requirement for one full period, full duplex, clear channels, and digital circuits capable of supporting synchronous traffic. 20x20 Mbps, between the Main Distribution Frame [MDF] of the customer Premise and the Main Distribution Frame (MDF) of the vendor. For clear channel circuits, they shall be completely transparent to 20Mbps data, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment.

The Department of State reserves the right to increase or decrease this digital circuit bandwidth requirement from no less than 20Mbps and up to 50 Mbps within 30 days written notice to the Contractor. The desired intervals for circuit bandwidth are as follows: 30x30 Mbps, 40x40 Mbps and 50x50 Mbps. The Contractor is to provide fractional T-1 fixed cost pricing for this increase or decrease of digital service. The availability of this circuit shall not be less than 99.7 percent per month over the period of the contract.

B. This digital service shall be via whatever facilities are available to the Contractor. NOTE: Double satellite hops are not acceptable. 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. No on premise satellite ground station will be considered for this circuit.

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 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. Reserved

F. Reserved

G. The Contractor shall supply a Data Service Unit(s) (DSUs) configured with a Data Communications Equipment (DCE) interface. Signal element timing shall be provided as follows: (1) timing to the American Embassy will be provided by the Contractor’s facility.

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

OVERSEAS: RS-530 electrical/mechanical where available, or RS-422 electrical interface and RS-449 mechanical interface will be required between the DSU/CSU and the Department of State furnished equipment located at the U.S. Embassy, Addis Ababa.

NOTE: Where applicable for digital service and for information purposes:

I. Services. This is a firm fixed-price contract for the lease of one full period, full duplex, clear channel, digital circuit capable of supporting synchronous 20Mbps ( increasing bandwidth to (30x30 Mbps, 40x40 Mbps and 50x50 Mbps) The circuit shall be completely transparent to 20Mbps ( increasing bandwidth to (30x30 Mbps, 40x40 Mbps and 50x50 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.

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

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

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

M. Term of Contract: The required circuits shall be installed and delivered to the Destination Point on or before 60 Days after Contract Award. Upon successful installation and acceptance by the Government of the required circuit under Section C, the Contractor shall be provided, in writing, notice to proceed and shall provide contractual services for a twelve (12) month period, commencing on the date specified in the notice to proceed.

N. The Contractor agrees that the work and services set forth in this contract shall be performed during the period commencing the effective date of this contract and shall continue through the end of the twelve month period of service (CLIN 1 through 8), excluding the exercise of any option.

O. Reserved

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

invoices;

12. Remit to address

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

14. Credits with explanation and period covered.

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

Q. Reserved

R. Authorized Instruction to Contractor

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

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

S. GovernmentFurnished Equipment (GFE): Reserved

T. Release of Information

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

2. The request for public release of information should be addressed to the Contracting Officer.

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.

U. Circuit Downtime and Credits

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

1. Definitions:

Circuit Availability Acceptance Level: Yearly Circuit Availability Acceptance Level is computed by 365 calendar days times 24 (hours per day) times 99.7% acceptance level equals 8,716.20 hours annum. (365 x 24 = 8760 x 99.7% = 8,733.72). Monthly Circuit Availability is computed by the calendar days per month times 24 (hours per day) times 99.7% acceptance level (example: 31 x 24 = 744 x 99.7% = 741.76).

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

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

Downtime Credits: Monetary value returned to the Government for failure to meet the Circuit availability requirements. Downtime Credits shall be assessed based on cumulative downtime time with the minimum assessment being one hour. Downtime credit shall be equal to the hourly or daily rate (as applicable) as identified in the schedule in Section B. There are two (2) situations when circuit Downtime Credits can be accumulated:

2. Credit for Circuit Downtime by Situation

Below Availability Level: If the downtime accumulated for a circuit adds up to 26.28 (8760 x 0.3%) cumulative hours or more during any one contract year (365 calendar days) or depending on the number of hours for the month (example 744 x .3%) cumulative hours per month (example: 31 calendar day month) the Contractor shall grant a hourly credit to the Government for each hour of downtime. Each additional one hour increment or portion thereof will be assessed as an additional hour.

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

3. Exceptions to Cumulating of Downtime

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

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

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

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

4. Payment Reduction for Downtime Credits

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

5. Trouble Escalation Procedure

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

7. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all the satellite bandwidth services set forth in the scope of work.

1. thru 6.

All required services are performed and no more than one (1) complaint is received per month.

SECTION 2 - CONTRACT CLAUSES

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause— Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) is incorporated by reference. (see SF-1449, Block 27A) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] __ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JUN 2020) of 52.219-9 __ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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