Amendment_008_-_SF30.pdf

1. CONTRACT ID CODE PAGE OF PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1 57

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

008 03/17/2016

6. ISSUED BY CODE 00004 7. ADMINISTERED BY (If other than Item 6)

CODE

Department of the Interior, Interior Business Center Acquisition Services Directorate, 381 Elden Street, Herndon, Virginia 20170

Same as block 6 Attn: Terrie L. Callahan, terrie_callahan@ibc.doi.gov 703-964-3596

8. NAME AND ADDRESS OF CONTRACTOR (No. Street, county, State and ZIP: Code) (✔) 9A. AMENDMENT OF SOLICITATION NO.

D15PS00295

To all prospective offerors x 9B. DATED (SEE ITEM 11)

01/13/2016

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and data specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(✔) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET

FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER Specify type of modification and authority)

E. IMPORTANT: Contractor is not, X is required to sign this document and return __1__ copies to the issuing office with proposal submission .

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Government received 402 questions relating to the Request for Proposal (RFP) identified in block 9A above. This amendment hereby provides a consolidated file containing all 402 questions and answers as well as the 25 questions received at the Pre-Proposal Conference held on March 10, 2016.

Also, this amendment hereby makes changes to the RFP. Some of those changes are as a result of the clarification questions issued in Amendment 007. The shade method has been used to identify the lines of text/data that has changed. Some pages are being replaced due to a shift in text only and may not reflect shading on those pages that do not have changes.

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Terrie L. Callahan

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign)

BY _____________________________________________

(Signature of Contracting Officer)

03/17/2016

NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE Computer Generated Prescribed by GSA

FAR (48 CFR) 53.243

Solicitation No. D15PS00295 – FirstNet Nationwide Public Safety Broadband Network

(NPSBN)

The Consolidated Set of Questions and Answers (1 through 402) and Pre-Proposal Conference Questions and Answers (1 through 25) attached, pages 1 through 248 is being included as a file in FBO.

Remove and replace the following RFP pages:

Section Remove Pages Insert Pages Section F F-1 F-1, F-1.1 Section G N/A G-12 Section H ii, H-11, H-12, H-13, H-15 ii, H-11, H-12, H-13, H-15, H-16 Section I i, I-1, I-2, I-5, I-6, I-6.1, I-9, I-10, I-11 i, I-1, I-1.1, I-2, I-5, I-6, I-6.1, I-9

Section J, Attachment J-6

J-6 – 6, J-6 – 6.1 J-6 – 6, J-6 – 6.1

Section J, Attachment J-8

J-8 – 2, J-8 – 3, J-8 – 4, J-8 – 5, J-8 – 6

J-8 – 2, J-8 – 3, J-8 – 4, J-8 – 5, J-8 – 6, J-8 – 6.1

Section J, Attachment J-14

J-14 – 9, J-14 – 10, J-14 – 14 J-14 – 9, J-14 – 10, J-14 – 14

Section J, Attachment J-18

J-18 – 1 J-18 – 1

Section J, Attachment J-19 i, J-19 – 5 i, J-19 – 5

Section L L-9, L-12, L-14, L-14.1, L-15, L- 15.2, L-18, L-19, L-20, L-21, L-23, L-27, L-28, L-38, L-40, L-46, L-47, L-48, L-57, L-58, L-59, L-59.1, L- 59.2, L-60

L-9, L-12, L-14, L-14.1, L-15, L- 15.2, L-18, L-19, L-20, L-21, L-23, L-27, L-28, L-38, L-40, L-46, L-47, L-48, L-57, L-58, L-59, L-59.1, L- 59.2, L-60

All other terms and conditions remain unchanged.

Solicitation No. D15PS00295 – Section F Deliverables and Performance

Page F-1 Amendment 008

F Deliverables and Performance

F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1988)

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):

Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/?q=browsefar

Department of Commerce Acquisition Regulation (CAR) Clauses:

http://farsite.hill.af.mil/vfcara.htm

Department of the Interior Acquisition Regulation (DIAR) Clauses:

http://farsite.hill.af.mil/vfdiara.htm

(End of Clause)

Table 1 Federal Acquisition Regulation Clauses Incorporated by Reference

Clause Title Date 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.O.B Destination NOV 1991

F.2 Term of the Contract and Task Orders

The term of this Indefinite Delivery, Indefinite Quantity (IDIQ) contract will be for a period of 25 years beginning on the date of award, currently anticipated on November 1, 2016.

The term of any subsequent task order issued under this IDIQ contract will specify the period of performance applicable to that task order.

F.2.1 Day 1 Task Order Period of Performance

F.2.1.1 Delivery Mechanism for State Plans

The delivery mechanism for state plans task order period of performance is from the date of award through three years post award. This is based on commencement of performance on November 1, 2016; anticipated delivery date of the delivery mechanism on or before February 1, 2017, allowing the remaining period of performance for use and/or enhancements of the mechanism, if needed, (February 2, 2017 through November 1, 2019).

F.2.1.2 State Plan Development and Refinement

The state plan development and refinement task order period of performance is from the date of award through one year post award. This is based on commencement of performance on November 1, 2016;

anticipated delivery date of the delivery mechanism on or before February 1, 2017, allowing the remaining period of performance for support, coordination and refinement of state plans, as needed, (February 2, 2017 through November 1, 2017).

https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/vfcara.htm http://farsite.hill.af.mil/vfdiara.htm

Solicitation No. D15PS00295 – Section F Deliverables and Performance

Page F-1.1 Amendment 008

F.2.1.3 NPSBN Functions

The NPSBN functions task order period of performance is from the date of award through November 2041. However, it may be subject to license renewal and reauthorization.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

Solicitation No. D15PS00295 – Section G

Contract Administration Data

Page G-12 Amendment 008

The Contractor shall submit a proper invoice in accordance with the IOC/FOC milestones but no more than once monthly. Invoices must identify the fixed price payment to the Contractor for each IOC/FOC milestone accepted, corresponding to the pricing tables in Section B, Supplies or Services and

Prices/Costs. To constitute a proper invoice, the invoice must include information and/or attached documentation in accordance with FAR 32.905(b).

Solicitation No. D15PS00295 – Section H Special Contract and Task Order Requirements

Page ii Amendment 008

H.16.5 Further Assurances ....................................................................................................... H-11 H.16.6 Business Continuity/Disaster Recovery Plan ................................................................ H-11

H.17 Notice of Supply Chain Risk Assessment ................................................................................... H-11

H.18 Organizational Conflict of Interest ............................................................................................. H-13

H.19 Government-Furnished Property, Facilities, Equipment, and Information ............................... H-13

H.19.1 Management of Government Furnished Property ....................................................... H-14

H.20 NEPA Compliance ....................................................................................................................... H-14

H.21 FirstNet Auditing ........................................................................................................................ H-15

H.21.1 Audits ............................................................................................................................ H-15 H.21.2 Conduct of Audits ......................................................................................................... H-15 H.21.3 Rights of Observation ................................................................................................... H-15 H.21.4 Contract Documents ..................................................................................................... H-16 H.21.5 Flow-Down Requirements ............................................................................................ H-16

H.22 FirstNet Inspections ................................................................................................................... H-16

List of Tables Table 1 CAR Clauses .................................................................................................................................. H-1 Table 2 Key Personnel ............................................................................................................................... H-2 Table 3 Section 508 Applicable Standards ................................................................................................ H-9

Page H-11 Amendment 008

H.16.3 No Liens

Except for any security interests in the NPSBN (including all related assets) granted to FirstNet, the Contractor will not cause or permit the NPSBN to become subject to any mechanic’s or vendor’s lien, or any similar lien or security interest, except as such liens may apply generally to the Contractor’s owned infrastructure utilized for the NPSBN (and not to the spectrum capacity particularly) and as are in force as of the Effective Date of this contract. If the Contractor breaches its obligations under this contract, it will immediately notify the Contracting Officer in writing, and the Contractor will promptly take all steps needed to cause such lien to be discharged and released of record without cost to FirstNet.

H.16.4 Transition Plan

In addition to any other transition obligations, upon any termination event under this contract, in addition to any rights afforded to FirstNet under law, at the written notification of FirstNet, the Contractor shall immediately transition the operation of the NPSBN, including the ability to provide Services, to FirstNet, or a third party designated by FirstNet, in accordance with a “Transition Plan,” which shall be prepared by the Contractor and approved by FirstNet. The Contractor shall undertake best efforts to cooperate with FirstNet and any subsequent supplier in the smooth transition of all services.

H.16.5 Further Assurances

In connection with this contract and the transactions contemplated hereby, each party will execute and deliver any additional documents and instruments and perform any additional acts that may be commercially reasonable, necessary, or appropriate, or reasonably requested by the other party, to effectuate and perform the parties’ obligations under this contract and the transactions contemplated hereby.

H.16.6 Business Continuity/Disaster Recovery Plan

The Contractor will at its sole expense, establish and maintain a business continuity/Disaster Recovery plan to ensure the continuity of the Contractor’s business and to provide uninterrupted access to and use of the NPSBN, which will, at a minimum, contain: (1) written disaster recovery plans for critical technology and infrastructure, including the NPSBN; (2) proper risk controls to enable continued performance under this contract in the event of a disaster; (3) procedures that will be invoked in the occurrence of a Force Majeure Event; and (4) demonstrated capability to provide uninterrupted access to the NPSBN during the disaster within the recovery time objectives specified in Section C, Statement of Objectives.

H.17 Notice of Supply Chain Risk Assessment

In accordance with the language provided below and as stated herein, FirstNet reserves the right to conduct a Supply Chain Risk Assessment (SCRA) of the equipment/devices and software/applications under this contract using the information provided by the Contractor as well as other available information, in conducting its assessment.

Page H-12 Amendment 008

[THIS PAGE IS INTENTIONALLY LEFT BLANK]

Page H-13 Amendment 008

H.18 Organizational Conflict of Interest

The Contractor warrants that, to the best of its knowledge and belief, it does not have any organizational conflict of interest as defined below.

The term "organizational conflict of interest" means a situation where a Contractor or one of its employees has interests, either due to its other activities or its relationships with DOI, DOC or FirstNet, which place it in a position that it is unable or potentially unable, from the Government's standpoint, to render impartial assistance or advice to the Government, or the person's objectivity in performing the contract work is or might be otherwise impaired.

The Contractor agrees that if, after award of the IDIQ contract or any task order award, it discovers an organizational conflict of interest with respect to this contract and/or task order, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer that shall describe in detail the conflict (or potential conflict) as well as include a description of the action that the Contractor has taken or proposes to take to avoid, mitigate or neutralize the conflict. DOI may, however, terminate this task order for the convenience of the Government if termination is determined to be in the best interest of the Government.

If the Contractor was aware of organizational conflict (or potential conflict) of interest before task order award and intentionally did not disclose the conflict to the Contracting Officer, DOI may terminate this contract and/or task order at no cost to the Government.

H.19 Government-Furnished Property, Facilities, Equipment, and Information

For the purpose of this contract, the Contractor shall assume there is no Government-Furnished Property (GFP); however, should a situation arise, the Government may elect to provide GFP after contract award, or with any subsequent task order(s).

Page H-15 Amendment 008 pollutant, or other material. These Environmental Requirements include, but are not limited to, the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the Endangered Species Act (ESA), the Migratory Bird Treaty Act, and the Bald and Golden Eagle Act. The Contractor will provide any documentation necessary, or as otherwise requested by FirstNet, to comply with any Environmental Requirements for FirstNet review and approval prior to commencing activities specifically being taken under the terms of any final agreement between FirstNet and the Contractor.

Contractor agrees to comply with FirstNet reasonably procedures to ensure FirstNet is able to fully and timely comply with its obligations under NEPA and other applicable Environmental Requirements.

The Contractor shall be the party of record for all permits related to operating the NPSBN and shall be solely responsible for obtaining any new or revised permits needed to operate and maintain the NPSBN. Recognizing that delays in obtaining permits may result in delays to the deployment schedule, and in the spirit of the June 14, 2012 Executive Order “Accelerating Broadband Infrastructure Deployment,” the Government will, at its discretion, reasonably assist in the resolution of appropriate permitting issues with federal, state, and local permitting authorities. The Contractor may request Government assistance whenever it encounters delays that may impact its deployment schedule. The Contractor will employ its best efforts to promptly notify the Government when such assistance may be necessary or reduce unanticipated delays.

H.21 FirstNet Auditing

The Contractor shall make all its records—as defined in FAR 52.215-2, Audit and Records—Negotiation (Oct 2010), which is contained in Section I, Contract Clauses—available for inspection by FirstNet and its designees.

H.21.1 Audits

FirstNet shall have such rights to review and audit the Contractor and its records as and when FirstNet deems necessary for purposes of verifying compliance with the Contract and applicable law and verifying claims. Without limiting the foregoing:

The audits may be performed by employees of FirstNet or by an auditor under contract with FirstNet;

The Contractor shall allow auditor(s) access to such records during normal business hours, allow interviews of any employee who might have information related to such records, and otherwise cooperate with the auditors; and

H.21.2 Conduct of Audits

Audits conducted under this Section H.21, FirstNet Auditing, will be conducted in accordance with FAR 52.215-2 Audit and Records – Negotiation (Oct 2010) as contained in Section I, Contract Clauses.

H.21.3 Rights of Observation

FirstNet’s rights of audit include the right to observe the business operations of the Contractor to confirm the accuracy of records.

Page H-16 Amendment 008

H.21.4 Contract Documents

The Contractor shall establish internal procedures to facilitate review and audit by FirstNet, upon request.

The Contractor represents and warrants the completeness and accuracy in all material respects of all information it or its agents provide in connection with FirstNet audits.

The Contractor shall establish internal and third-party quality and compliance auditing procedures.

H.21.5 Flow-Down Requirements

The Contractor shall insert a clause containing all the terms of this clause H.21, FirstNet Auditing, including this paragraph H.21.5, Flow-Down Requirements, in all subcontracts and must contain the clause at FAR 52.215-2, Audit and Records – Negotiation (Oct 2010) as contained in Section I, Contract Clauses.

H.22 FirstNet Inspections

In addition to the rights granted under FAR 52.246-4, Inspection of Services—Fixed-Price (Aug 1996), included in Section E, Inspection and Acceptance, and other sections of this Contract, the Government or its designee shall have the right, until three years after final payment under this contract, to inspect the Contractor’s processes, policies, systems, facilities (including but not limited to network facilities) and other materials reasonably deemed by the Government as appropriate to monitor and ensure compliance of the Contractor and its subcontractors with this Contract, the FCC’s rules, policies and guidelines, state and local rules and regulations and other applicable law. The Contractor is responsible for its costs related to inspections under this provision, including inspections of Contractor’s subcontractors. If any inspection reveals an error or irregularity, in addition to any other rights the Government may have under this contract, including the right to declare Contractor in breach of this contract, the Contractor shall rectify such irregularities within the timeframe established by the Government. The Contractor shall insert a clause containing all the terms of this clause H.22, FirstNet Inspections, in all subcontracts that exceed the simplified acquisition threshold.

Solicitation No. D15PS00295 – Section I Contract Clauses

Page i Amendment 008

Table of Contents I Contract Clauses ...................................................................................................................................... I-1

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1988).............................................................. I-1

I.2 Department of the Interior Acquisition Regulation (DIAR)............................................................ I-4

I.3 Department of Commerce Acquisition Regulation (CAR) .............................................................. I-4

I.4 Federal Acquisition Regulation ...................................................................................................... I-5

I.4.1 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development (SEP 2000) .................................................................................................. I-5

I.4.2 FAR 52.216-18 Ordering (OCT 1995) ................................................................................ I-5 I.4.3 FAR 52.216-19 Ordering Limitations (OCT 1995) .............................................................. I-5 I.4.4 FAR 52.216-22 Indefinite Quantity (OCT 1995) ................................................................ I-6 I.4.5 FAR 52.219-28 Post-Award Small Business Program Representation (JUL 2013) ............ I-6 I.4.6 FAR 52.222-35 Equal Opportunity for Veterans (JUL 2014) ............................................. I-7 I.4.7 FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) .................... I-8 I.4.8 FAR 52.224-1 Privacy Act Notification (JUL 1996) (Deviation) ......................................... I-8 I.4.9 FAR 52.252-6 – Authorized Deviation in Clauses (FEB 1998)............................................ I-8

I.5 Department of the Interior Acquisition Regulation (DIAR)............................................................ I-9

I.6 Department of Commerce Acquisition Regulation (CAR) .............................................................. I-9

I.6.1 1352.216-76 Placement of Orders (APR 2010) ................................................................. I-9

I.7 RESERVED ....................................................................................................................................... I-9

Page I-1 Amendment 008

I Contract Clauses

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1988)

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):

FAR Clauses: http://www.acquisition.gov/comp/far/loadmainre.html

CAR Clauses: http://farsite.hill.af.mil/vfcara.htm

DIAR Clauses: http://farsite.hill.af.mil/vfdiara.htm

Table 1 FAR Clauses Incorporated by Reference

Clause Title Date

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government SEPT 2006

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.203-14 Display of Hotline Poster(s) DEC 2007

52.203-16 Preventing Personal Conflicts of Interest DEC 2011

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Recycled Paper MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts

JAN 2014

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

DEC 2014

52.210-1 Market Research APR 2011 http://www.acquisition.gov/comp/far/loadmainre.html http://farsite.hill.af.mil/vfcara.htm http://farsite.hill.af.mil/vfdiara.htm

Page I-1.1 Amendment 008

Clause Title Date

52.211-5 Material Requirements APR 2000

52.211-11 Has been incorporated in full text; see Section I.4.1, 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development (SEP 2000)

SEP 2000

Page I-2 Amendment 008

Clause Title Date

52.215-2 Audit and Records – Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

[Clause removed in its entirety]

[Clause removed in its entirety]

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010

52.215-13 Subcontractor Certified Cost or Pricing Data – Modifications

OCT 2010

52.215-14 Integrity of Unit Prices OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data—Modifications

OCT 2010

52.217-8 Option to Extend Services NOV 1999

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns MAY 2014

52.219-9 Small Business Subcontracting Plan

ALTERNATE II – OCT 2001

OCT 2015

52.219-16 Liquidated Damages—Subcontracting Plan JAN 1999

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

MAY 2014

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act— Overtime Compensation Remedies

MAY 2014

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, & Other Eligible Veterans

JUL 2014

52.222-40 Notification of Employee Rights under the National Labor Relations Act

DEC 2010

52.222-50 Combat Trafficking in Persons

52.222-54 Employment Eligibility Verification

52.222-55 Minimum Wages Under Executive order 13658 DEC 2014

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-14 Acquisition of EPEAT®-Registered Televisions JUN 2014

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

MAY 2008

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.223-13 Acquisition of EPEAT® - Registered Imaging Equipment JUN 2014

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-16 Acquisition of EPEAT® -Registered Personal Computer Products

JUN 2014

Page I-5 Amendment 008

Table 3 CAR Clauses Incorporated

Clause Title Date

1352.201-70 Contracting Officers Authority (CAR) APR 2010

1352.209-72 Restrictions Against Disclosure APR 2010

1352.209-73 Compliance with the Laws APR 2010

1352.209-74 Organizational Conflict of Interest APR 2010

1352.239-72 Security Requirements for Information Technology Resources

DEC 1994

I.4 Federal Acquisition Regulation

The contract clauses set forth as follows are the Federal Acquisition Regulation (FAR) clauses.

I.4.1 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $238,233.00 (but the total aggregate amount of the liquidated damages under this clause shall not exceed $86,955,057.00) per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

(End of clause)

I.4.2 FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract throughout the life of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

I.4.3 FAR 52.216-19 Ordering Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

Page I-6 Amendment 008

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of unlimited dollar value;

(2) Any order for a combination of items in excess of unlimited dollar value; or

(3) A series of orders from the same ordering office within zero days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

I.4.4 FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after expiration of the current period of performance of the IDIQ contract or individual order, whichever is later.

(End of Clause)

I.4.5 FAR 52.219-28 Post-Award Small Business Program Representation (JUL 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of

Page I-6.1 Amendment 008 performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract

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(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

(End of Clause)

I.5 Department of the Interior Acquisition Regulation (DIAR)

The contract clauses set forth as follows are the Department of the Interior Acquisition Regulation (DIAR) clause.

I.6 Department of Commerce Acquisition Regulation (CAR)

The contract clauses set forth as follows are the Department of Commerce Acquisition Regulation (CAR) clauses.

I.6.1 1352.216-76 Placement of Orders (APR 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216–18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is not applicable.

(End of clause)

I.7 RESERVED

Solicitation No. D15PS00295 – Section J, Attachment J-14 Terms of Reference

Page J-14 – 9 Amendment 008

Term Definition

LOA Levels of Assurance are defined by the National Institute of Standards and Technology Special Publication 800-63-2, which details requirements for each of the LOAs in the areas of identity proofing, registration, tokens, management processes, authentication protocols, and related assertions.

Local Control Local control refers to a collection of capabilities that allow a PSE to influence and control its relationship with the NPSBN.

Local Control Application

A local control application is a specific software application that provides functions for authorized users of a PSE to directly manage elements of its NPSBN environment, including users; devices; roles; profiles; and Quality of Service, priority, and preemption.

Local Control of Business Processes

Local control of business processes refers to ancillary business processes that are part of local control but do not have a computer application to support them (e.g., planned event planning, maintenance window coordination).

Local Control of QPP Local control of QPP refers to a specific function within the local control application that permits an authorized user to raise or lower the Quality of Service, priority, and preemption (QPP) level of other users within its QPP region.

Local Control QPP Region

Local control QPP region refers to a specific set of cell towers over which an authorized local control user can exercise QPP authority. QPP regions may overlap.

Locked Application A locked application is a pre-installed or embedded application that is installed on the phone in a manner that prevents the user from deleting or disabling it. Not all pre-installed applications are locked; this often occurs at the request of the carrier when specifying details of the purchase of devices.

LPPa LTE – Positioning Protocol A

LTE Long Term Evolution is a standard for wireless communication of high-speed data for mobile phones and data terminals. Commonly marketed as “4G LTE,” the standard is developed by the 3GPP (3rd Generation Partnership Project) and is specified in 3GPP’s Release 8 document series with enhancements described in later releases.

M2M Machine-To-Machine , also called the Internet of Things or IoT, is an application-specific set of technologies that allow both wireless and wired systems to communicate with other devices—frequently ones of the same type. Examples of M2M networks include automated meter reading and closed circuit video.

MAM Mobile application management describes software and services responsible for provisioning and controlling access to internally developed and commercially available mobile apps used in business settings on both company-provided and “bring your own” smartphones and tablet computers.

MBMS Multimedia Broadcast/Multicast Service is a point-to-multipoint service in which data is transmitted from a single source entity to multiple recipients. Transmitting the same data to multiple recipients allows network resources to be shared. The MBMS bearer service offers two modes: broadcast mode and multicast mode.

MC-PTT Mission-Critical Push-To-Talk is a standards-based voice capability over LTE defined by 3GPP. As defined by 3GPP, MC-PTT is an enhanced PTT service that includes features such as group, private, broadcast, emergency, and immediate peril calls.

MCS Modulation and Coding Scheme is used to specify which of the different modulation and coding schemes is being applied.

MCU --- No longer used in this RFP. Refer to VNS below. ----

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Middle Class Tax Relief and Job Creation Act of 2012

Pub.L. 112–96, H.R. 3630, 126 Stat. 156, enacted February 22, 2012, with the portions of Title VI related to FirstNet codified at 47 U.S.C. §§ 1401-1457. This Act is FirstNet’s enabling legislation. Referred to throughout this RFP as the “Act.”

MIL-STD and MIL-

STD 810

A United States Military Standard that emphasizes tailoring equipment’s environmental design and test limits to the conditions that it will experience throughout its service life. Public safety user devices today nearly always require compliance with MIL-STD durability and environmental guidelines found in MIL-

STD-810.

MIMO Multiple Input, Multiple Output is the use of multiple transmitters and receivers (multiple antennas) on wireless devices for improved performance.

MIS A Management Information System produces fixed, regularly scheduled reports based on data extracted and summarized from the firm’s underlying transaction processing systems for a defined set of users to support and inform structured and semi-structured performance analysis and decision making.

Mission Critical Any factor of a system (equipment, process, procedure, software, etc.) whose failure will result in the failure of mission operations.

Mission-Critical Infrastructure

Mission-critical infrastructure refers to systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

Mission-Critical Services

Mission-critical (MC) services comprises the following services for public safety as they become available in the 3GPP standards: MC-Voice (including MC-Push-to- Talk), MC-Data, and MC-Video and the key support services of enhanced Multimedia Broadcast Multi-cast Services (eMBMS), Group Communication System Enablers (GCSE), and Proximity Services (ProSe).

MLS The Mobile Location Protocol is an application-level protocol for receiving the position of Mobile Stations (e.g., mobile phones, wireless devices) independent of underlying network technology.

MME A key node in the EPC, the Mobility Management Entity is responsible for high-level security functions (such as authentication) and manages mobility of the UE while in idle state. It also determines the characteristics of the EPS bearer, based on the requested service and QoS requirements.

MOCN Multi-Operator Core Network is a network-sharing configuration in 3GPP in which only the RAN is shared.

MRC Monthly Recurring Charge is a type of billing arrangement whereby the user may consume as much of a service as they wish for a fixed, automatically recurring fee applied to the bill.

MRD Marketing Requirements Document is an initial specification typically created by a business unit that documents from the users perspective “what” features and functionality is required by the business.

MVNO A Mobile Virtual Network Operator is a wireless communications services provider that does not own the wireless network infrastructure over which it provides services to its customers. An MVNO enters into a business agreement with a mobile network operator to obtain bulk access to network services at wholesale rates, and then sets retail prices independently. An MVNO may use its own customer service, billing support systems, marketing and sales personnel.

mVPN A mobile Virtual Private Network is the device resident software that allows the user to establish a secure data session to sensitive data. Similar to the traditional wireline VPN, but for a mobile device.

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PTT In an LTE network, Push-To-Talk is a mobile communications technique that emulates two-way radio communications. It is characterized by half-duplex voice whereby the speaker must initiate his or her speech by first pressing a button to gain exclusive ability to speak while other user(s) must listen. Commercial PTT solutions that are not standards-based are available in the market today.

Public Safety Entity Home Page

The Public Safety Entity (PSE) home page is a Web page that can be built, configured, and maintained by an individual PSE. It will contain features such as the status of the network and access to local control information.

Public Safety Grade The term Public Safety Grade is a conceptual term that refers to the expectation of emergency response providers and practitioners, that their equipment and systems will remain operational during and immediately following a major natural or man-made disaster on a local, regional, and nationwide basis. For the purposes of this RFP, the term is used to refer to network hardening and network sustainability.

Public Safety User User of the NPSBN that provides public safety services.

QASP Quality Assurance Surveillance Plan is the key Government-developed surveillance process document that is used to manage contractor performance assessment by ensuring that systematic quality assurance methods are utilized to validate that the contractor's quality control efforts are timely, effective, and are delivering the results specified in the contract or task order.

QCI QoS Class Identifier defines the general class of the service. There are currently 9 defined. A QCI is associated with a priority, specific delay, and packet loss values, and whether the service has a Guaranteed Bit Rate (GBR). These characteristics will be used by the EPS nodes (eNB, S-GW, P-GW) to guide them in deciding how a particular service data flow is to be processed. The QCI determines such things as resource scheduling, rate shaping, and queue management. At the eNB, the QCI is also used to determine the Radio Link Control (RLC) configuration.

QoS Quality of Service is the overall performance of a telephony or data network, particularly as seen by the users of the network. To measure quality of service quantitatively, several related aspects of the network service are often considered, such as error rates, bandwidth, throughput, transmission delay, availability, and jitter.

QPP Quality of service, Priority and Preemption is the back-end network services that must be manipulated by a front-end application that wraps business rules, authentication/authorization, and auditing. See “Local Control of QPP”.

RAN The Radio Access Network as defined under the Act at 47 U.S.C. 1422(b)(2) as further interpreted by FirstNet’s Final Interpretations of Parts of the Middle Class Tax Relief and Job Creation Act of 2012 [Docket Number: 140821696-4696-01], published October 20, 2015.

RCS The Rich Communication Services program is a GSM Association (GSMA) program for the creation of inter-operator communication services based on IP Multimedia Subsystem.

Redundancy Redundancy is the duplication of critical components or functions of a system with the intention of increasing reliability of the system usually in the form of a backup or fail-safe.

Resiliency Resiliency is the ability to provide and maintain an acceptable level of service in case of infrastructure breakdown or faults to normal operations.

Retainability Also known as the dropped-call rate, retainability is one of the KPIs used by the network operators to assess the performance of their networks. It has direct influence on customer satisfaction with the service provided by the network and its operator.

Solicitation No. D15PS00295 – Section J, Attachment J-18 Delivery Mechanism Objectives for State Plans

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1 Delivery Mechanism Objectives for State Plans

The Middle Class Tax Relief and Job Creation Act of 2012 requires the First Responder Network Authority (FirstNet) to deliver a plan to the governor of each of the 56 states and territories notifying the states and territories of the completion of the Request for Proposal process, details of the proposed plan for buildout of the nationwide, interoperable broadband network in said state or territory, and the funding level for the state or territory as determined by the National Telecommunications and Information Administration (the “state plan”). It is FirstNet’s intent to present each state plan to each governor via a Web interface developed and hosted by the Contractor.

FirstNet’s objectives for the state plan delivery mechanism are as follows:

Provide the capability for FirstNet, the Contractor, and others to securely upload, edit, delete, search, and display information for a specific state plan.

Provide access to the information in the State Plan Template (Section J, Attachment J-19) via an easily understood format, using interactive maps, graphics, color-coding, and others as appropriate.

Include security provisions to manage data access permissions by role to allow for custom views.

The solution shall also provide the ability to edit and delete users and roles and the capability to limit individual user access to specific data fields.

Provide a user-friendly interface that provides for intuitive navigation throughout the full state plan and all of its elements with minimal effort.

Provide a search function.

Provide the capability for the user to print selected state plan…