IT-70 - Level 3 Communications, LLC - GS35F0177J

Authorized Federal Acquisition Service Information Technology Schedule Pricelist

General Purpose Commercial Information Technology Equipment, Software and Services

General Description of the Commodities and Services Offered Services include Managed Internet Access and Value Added Network Services supporting Electronic Commerce applications for Government agencies.

Application SIN, DESCRIPTION, FSC Classes and FPDS Codes

SIN DESCRIPTION FSC CLASS/FPDS CODE

SIN 132-51 Information Technology - Professional Services

SIN 132-52 Electronic Commerce Services D304 Value Added Network Services

SIN 132-52 Electronic Commerce Services D304 Internet Access Services

Note 1: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately.

Note 2: Offerors and Agencies are advised that the Group 70 – Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include, but are not limited to, architectural, engineering, mapping, cartographic production, remote sensing, geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services.

Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation, maintenance, integration, or training services in direct support of a product. Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents.

NOTE: Electronic Commerce Services are not intended to supersede or be a substitute for any voice requirements of FTS2001.

Level 3 Communications, LLC 1025 Eldorado Boulevard

Broomfield, CO 80021 Phone: (571) 730-6587 Fax: (720) 567-1084 www.level3.com

Contract Number: GS-35F-0177J

Period Covered by Contract: January 11, 2014 through January 10, 2019 General Services Administration

Federal Acquisition Service Pricelist current through Modification # 116, dated 05 May 2015

Products and ordering information in this Authorized FAS Information Technology Schedule Pricelist are also available on the GSA Advantage!® System. Agencies can browse GSA Advantage!® by accessing the Federal Supply Service’s Home Page via the internet at http://www.gsa.gov/fas.

http://www.level3.com/ http://www.gsa.gov/portal/content/104677 http://www.gsa.gov/portal/content/104677 http://www.gsa.gov/fas i i

TABLE OF CONTENTS

SPECIAL NOTICE TO AGENCIES: SMALL BUSINESS PARTICIPATION

1. GEOGRAPHIC SCOPE OF CONTRACT:

2. CONTRACTOR’S ORDERING ADDRESS AND PAYMENT INFORMATION:

3. LIABILITY FOR INJURY OR DAMAGE

4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF

STANDARD FORM 279:

5. FOB DESTINATION

6. DELIVERY SCHEDULE

7. DISCOUNTS:

8. TRADE AGREEMENTS ACT OF 1979, AS AMENDED:

9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: N/A

10. SMALL REQUIREMENTS:

11. MAXIMUM ORDER:

12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS

13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATIONS STANDARDS

REQUIREMENTS

14. CONTRACTOR TASKS/SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2003)

15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES

16. GSA ADVANTAGE!®

17. PURCHASE OF OPEN MARKET ITEMS

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS

19. OVERSEAS ACTIVITIES

20. BLANKET PURCHASE AGREEMENTS (BPAS)

21. CONTRACTOR TEAM ARRANGEMENTS

22. INSTALLATION, DEINSTALLATION, REINSTALLATION

23. SECTION 508 COMPLIANCE

24. PRIME CONTRACTORS ORDERING FROM FEDERAL SUPPLY SCHEDULES

25. INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (FAR 52.228-5)

26. SOFTWARE INTEROPERABILITY

27. ADVANCE PAYMENTS

TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT) PROFESSIONAL

SERVICES (SPECIAL ITEM NUMBER 132-51) AND ELECTRONIC COMMERCE (EC) SERVICES

(SPECIAL ITEM NUMBER 132-52)

1. SCOPE

2. PERFORMANCE INCENTIVES

3. ORDER

4. PERFORMANCE OF SERVICES

5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)

6. INSPECTION OF SERVICES

7. RESPONSIBILITIES OF THE CONTRACTOR

8. RESPONSIBILITIES OF THE ORDERING ACTIVITY

9. INDEPENDENT CONTRACTOR

10. ORGANIZATIONAL CONFLICTS OF INTEREST

11. INVOICES

12. PAYMENTS

13. RESUMES

14. INCIDENTAL SUPPORT COSTS

15. APPROVAL OF SUBCONTRACTS

PRODUCTS AND SERVICES

PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51)

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1. PROFESSIONAL SERVICES OVERVIEW

2. PROFESSIONAL SERVICES DESCRIPTION

3. PROFESSIONAL SERVICES - SERVICE COMPONENTS AND CONFIGURATIONS

4. ADDITIONAL PROFESSIONAL SERVICES TERMS AND CONDITIONS

5. LEVEL 3 TECHNICAL SERVICES

ELECTRONIC COMMERCE (EC) SERVICES (SPECIAL ITEM NUMBER 132-52)

1. DESCRIPTION OF ELECTRONIC COMMERCE (EC) SERVICES

2. ADDITIONAL ELECTRONIC COMMERCE TERMS AND CONDITIONS

3. DIA SERVICE

4. ENTERPRISE VOICE – LOCAL SERVICES

5. HIGH SPEED INTERNET ACCESS

6. LEVEL (3) IP VPN SERVICES

7. ETHERNET VIRTUAL PRIVATE LINE SERVICES

8. LEVEL 3 PRIVATE LINE SERVICES

9. LEVEL 3 GLOBAL WAVELENGTH SERVICE

10. BROADCAST AND VIDEO SERVICES

11. LEVEL 3 MANAGED ETHERNET ACCESS (MEA)

12. CONTENT DELIVERY NETWORK SERVICES

13. VOICE TERMINATION

SMALL BUSINESS

BLANKET PURCHASE AGREEMENT

CONTRACTOR TEAM ARRANGEMENTS

LEVEL 3 SCHEDULE PRICE LIST

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Information for Ordering Activities

Applicable to All Special Item Numbers

SPECIAL NOTICE TO AGENCIES: SMALL BUSINESS PARTICIPATION

SBA strongly supports the participation of small business concerns in the Federal Supply Schedules Program. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules and to report accomplishments against these goals.

For orders exceeding the micro purchase threshold, FAR 8.404 requires agencies to consider the Catalogs/Pricelists of at least three schedule contractors or consider reasonably available information by using the GSA Advantage! on-line shopping service (http://www.gsa.gov/fas). The catalogs/pricelists, GSA Advantage! and the Federal Supply Service Home Page (http://www.gsa.gov/fas) contains information on a broad array of products and services offered by small business concerns.

This information should be used as a tool to assist with ordering activities and in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination.

For orders exceeding the micro purchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement.

1. GEOGRAPHIC SCOPE OF CONTRACT:

Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.

Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories.

Offerors are requested to check one of the following boxes:

[ ] The Geographic Scope of Contract will be domestic and overseas delivery.

[ ] The Geographic Scope of Contract will be overseas delivery only.

[X] The Geographic Scope of Contract will be domestic delivery only.

For Special Item Number 132-53 Wireless Services ONLY, if awarded, list the limited geographic coverage area: N/A

2. CONTRACTOR’S ORDERING ADDRESS AND PAYMENT INFORMATION:

Ordering Address: Payment Address:

GSA Order Office:

Federal Markets Group Level 3 Communications, LLC 8281 Greensboro Drive Suite 700 McLean, VA 22012

Level 3 Communications, LLC Department 910182 Denver, CO 80291-0182

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PAYMENT INFORMATION:

Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. credit cards will be acceptable for payment above the micro-purchase threshold. In addition, bank account information for Wire Transfer payments will be shown on the invoice.

The following telephone number(s) can be used by ordering agencies to obtain technical and/or ordering assistance:

Ordering Phone Number: (571) 730-6587

FAX: (720) 567-1084

Email: Schedule70@level3.com

Wire Transfer:

Wells Fargo Bank ABA Number: 121 000 248 Acct. Number: 4945097467 Swift Number WFBIUS6S

3. LIABILITY FOR INJURY OR DAMAGE

Level 3 Communications, LLC shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by Level 3 Communications, LLC unless such injury or damage is due to the fault or negligence of Level 3 Communications, LLC.

4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD

FORM 279:

Block 9: G. Order/Modification under Federal Schedule Block 16: Data Universal Numbering System (DUNS) Number: 07-3090917 Block 30: Type of Contractor – C. Large Business Block 31 Woman-Owned Small Business – NO Block 36: Contractor's Taxpayer Identification Number: 47-0807040

4a. CAGE Code: 3A6U5

4b. Level 3 Communications, LLC has registered with the System for Award Management Database.

5. FOB DESTINATION

FOB Destination available in the 48 contiguous states, Washington, DC, Alaska, and Hawaii.

6. DELIVERY SCHEDULE

a. TIME OF DELIVERY: The contractor shall deliver to destination within 60 days or, as negotiated between the ordering activity and Level 3 Communications, LLC. Expedited Delivery Time: Expedited deliveries will be addressed on a case-by-case basis. Overnight and 2-Day Delivery Times: Schedule customers may require overnight or two-day delivery. Contact Level 3 Communications, LLC to check on the availability of personnel to fulfill the service.

b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact Level 3 Communications, LLC for the purpose of obtaining accelerated delivery. Level 3 Communications, LLC shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by Level 3 Communications, LLC in writing.)

mailto:Schedule70@level3.com

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If Level 3 Communications, LLC offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract.

7. DISCOUNTS:

Prices shown are NET Prices; Basic Discounts have been deducted.

a. Prompt Payment: Net 30

b. Quantity: None

c. Dollar Volume: None

d. Government Educational Institutions: Same discounts as all other gov’t customers

e. Use of Gov’t Commercial Credit Card: None

f. Other: 132-52 Multi-year Discounts

DIA only:

2 year: 5% 3 year: 10%

HSIP only:

2 year: 5% 3 year: 10%

8. TRADE AGREEMENTS ACT OF 1979, as amended:

All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended.

9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: N/A

10. SMALL REQUIREMENTS:

The minimum dollar value of orders to be issued is $50.00.

11. MAXIMUM ORDER:

All dollar amounts are exclusive of any discount for prompt payment.

Special Item Number 132-51 – Information Technology (IT) Professional Services Special Item Number 132-52 – Electronic Commerce (EC) Services

12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS

Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules.

a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work.

b. FAR 8.405-2 Ordering procedures for services requiring a statement of work.

13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATIONS STANDARDS

REQUIREMENTS

Ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering activity, shall be responded to promptly by the Contractor.

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13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS)

Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650.

13.2 FEDERAL TELECOMMUNICATION STANDARS (FED-STDS):

Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Supply Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202) 619-8925. Please include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301) 975-2833.

14. CONTRACTOR TASKS/SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2003)

a. Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule.

b. Travel: The Contractor may be required to travel in performance of orders issued under this contract.

Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. The Industrial Funding Fee does NOT apply to travel and per diem charges.

c. Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program.

d. Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program.

e. Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel.

f. Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5.

g. Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order.

h. Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order.

i. Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary.

j. Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year.

The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer.

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k. Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate).

15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES

Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the Government’s convenience, and (m) Termination for Cause (See C.1.)

16. GSA Advantage!®

GSA Advantage!® is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule prices with ordering information. GSA Advantage!® will allow the user to perform various searches across all contracts including, but not limited to:

(1) Manufacturer;

(2) Manufacturer's Part Number; and

(3) Product categories.

Agencies can browse GSA Advantage!® by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The Internet address is http://www.gsa.gov/fas.

17. PURCHASE OF OPEN MARKET ITEMS

NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract. ODCs (Other Direct Costs) are not part of this contract and should be treated as open market purchases. Ordering Activities procuring open market items must follow FAR 8.402(f).

For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) – referred to as open market items – to a Federal Supply Schedule blanket purchase agreement (BPA) or an individual task or delivery order, only if-

(1) All applicable acquisition regulations pertaining to the purchase of the items not on the

Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19));

(2) The ordering activity contracting officer has determined the price for the items not on the

Federal Supply Schedule is fair and reasonable;

(3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and

(4) All clauses applicable to items not on the Federal Supply Schedule are included in the order.

18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS

a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for the entire schedule contract:

(1) Time of delivery/installation quotations for individual orders;

(2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/ service/software package submitted in response to requirements which result in orders under this schedule contract.

http://www.gsa.gov/portal/content/104677 http://www.gsa.gov/portal/content/104677

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(3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the Contractor.

b. The above is not intended to encompass items not currently covered by the GSA Schedule contract.

19. OVERSEAS ACTIVITIES

The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states, Alaska, Hawaii, and the District of Columbia, except as indicated below: None

Upon request of the Contractor, the Government may provide the Contractor with logistics support, as available, in accordance with all applicable Government regulations. Such Government support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract.

20. BLANKET PURCHASE AGREEMENTS (BPAS)

The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable.

BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s).

21. CONTRACTOR TEAM ARRANGEMENTS

Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Industrial Funding Fee and Sales Reporting, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract.

22. INSTALLATION, DEINSTALLATION, REINSTALLATION

The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis- Bacon Act apply.

The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8.

23. SECTION 508 COMPLIANCE

If applicable, Section 508 compliance information on the supplies and services in this contract are available in Electronic and Information Technology (EIT) at the following:

Not applicable for the Items Offered Under this Contract

The EIT standard can be found at: www.Section508.gov.

http://www.section508.gov/

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24. PRIME CONTRACTORS ORDERING FROM FEDERAL SUPPLY SCHEDULES

Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order –

(a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and

(b) The following statement:

This order is placed under written authorization from _______ dated _______. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern.

25. INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (FAR 52.228-5)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective -

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

26. SOFTWARE INTEROPERABILITY

Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program.

Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov.

27. ADVANCE PAYMENTS

A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324) http://www.core.gov/

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TERMS AND CONDITIONS APPLICABLE TO INFORMATION TECHNOLOGY (IT)

PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51) AND ELECTRONIC

COMMERCE (EC) SERVICES (SPECIAL ITEM NUMBER 132-52)

1. SCOPE

a. The prices, terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services and Special Item Number 132-52 Electronic Commerce Services apply exclusively to IT/EC Services within the scope of this Information Technology Schedule.

b. The Contractor shall provide services at the Contractor’s facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering office.

2. PERFORMANCE INCENTIVES

a. Performance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract in accordance with this clause.

b. The ordering activity must establish a maximum performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements.

c. Incentives should be designed to relate results achieved by the contractor to specific targets. To the maximum extent practicable, ordering activities shall consider establishing incentives where performance is critical to the ordering activity’s mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks.

3. ORDER

a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19 (Deviation – May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available.

b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract, the contract will take precedence.

4. PERFORMANCE OF SERVICES

a. Level 3 Communications, LLC shall commence performance of services on the date agreed to by the Contractor and the ordering activity.

b. Level 3 Communications, LLC agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity.

c. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner.

c. Any Level 3 Communications, LLC travel required in the performance of IT/EC Services must comply with the Federal Travel Regulation or Joint Travel Regulations, as applicable, in effect on the date(s) the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts.

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5. STOP-WORK ORDER (FAR 52.242-15) (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1)The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

6. INSPECTION OF SERVICES

The Inspection of Services–Fixed Price (AUG 1996) (Deviation – May 2003) clause at FAR 52.246-4 applies to firm-fixed price orders placed under this contract. The Inspection–Time-and-Materials and Labor-Hour (JAN 1986) (Deviation – May 2003) clause at FAR 52.246-6 applies to time-and-materials and labor-hour orders placed under this contract.

7. RESPONSIBILITIES OF THE CONTRACTOR

Level 3 Communications, LLC shall comply with all laws, ordinances, and regulations (Federal, State, City, or otherwise) covering work of this contract. If the end product of a task order is software, then FAR 52.227-14 (Deviation – May 2003) Rights in Data – General may apply.

8. RESPONSIBILITIES OF THE ORDERING ACTIVITY

Subject to security regulations, the ordering activity shall permit Level 3 Communications, LLC access to all facilities necessary to perform the requisite IT/EC Services.

9. INDEPENDENT CONTRACTOR

All IT/EC Services performed by Level 3 Communications, LLC under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity.

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10. ORGANIZATIONAL CONFLICTS OF INTEREST

a. Definitions.

“Contractor” means the person, firm, unincorporated association, joint venture, partnership, or corporation that is a party to this contract.

“Contractor and its affiliates” and “Contractor or its affiliates” refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor.

An “Organizational conflict of interest” exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on activities by the Contractor and its affiliates, may either (i) result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor’s or its affiliates’ objectivity in performing contract work.

b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions, are provided at FAR 9.508.

11. INVOICES

Level 3 Communications, LLC, upon completion of the work ordered, shall submit invoices for EC services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month.

12. PAYMENTS

For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers, the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders, the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7 (DEC 2002), (Alternate II – Feb 2002) (Deviation – May 2003) applies to time-and-materials orders placed under this contract.

For labor-hour orders, the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.232-7 (DEC 2002), (Alternate II – Feb 2002) (Deviation – May 2003)) applies to labor-hour orders placed under this contract. 52.216-31(Feb 2007) Time-and-Materials/Labor-Hour Proposal Requirements— Commercial Item Acquisition. As prescribed in 16.601(e)(3), insert the following provision:

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by-

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

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13. RESUMES

Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request.

14. INCIDENTAL SUPPORT COSTS

Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR.

15. APPROVAL OF SUBCONTRACTS

The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order.

PRODUCTS AND SERVICES

PROFESSIONAL SERVICES (SPECIAL ITEM NUMBER 132-51)

1. PROFESSIONAL SERVICES OVERVIEW

The Level 3 Professional Services offering provides businesses with custom solutions that cover every stage of network growth. We can help you plan, deploy, optimize, manage, and run your network infrastructure – regardless of its complexity or business needs. Our expertise and business-centric approach will help you reduce costs, manage complexity, and boost your competitive edge.

Level 3's comprehensive services consist of project and consulting services for every stage of network growth or managed network services for complete lifecycle management. The portfolio includes:

Network Design and Engineering Services – We resolve issues affecting the performance and health of your network, prepare for changes in your business, or better manage the costs associated with your communications needs. We can identify assets, bottlenecks, configuration problems, maintenance challenges, and pinpoint opportunities to enhance operational efficiencies. We develop end-to-end network design plans across all major technologies and vendors to address specific network objectives and constraints. The result is a baseline network design recommendation as well as multiple pieces of documentation that fully support the network design.

Network Implementation and Migration Services – We perform simple cutovers to major network migrations, conversions, and implementations, and we will plan and execute an entire deployment strategy from start to finish: We identify the goals, define the migration process, develop schedules and checklists, and manage the implementation.

Custom Network Monitoring and Management – We provide 24 x 7 proactive monitoring and management of customer networks via our Customer Network Control Center. Use of our shared environment ensures the most cost-effective services possible.

Managed Network Services

Tech

Services

Network

Migration &

Implementation

Network

Monitoring &

Management

Network

Design &

Engineering

Managed Network Services

Tech

Services

Network

Migration &

Implementation

Network

Monitoring &

Management

Network

Design &

Engineering

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The Level 3® Tech Services offering (see definition below) – We deliver responsive, on-going network support, including "smart hands" maintenance support, parts logistics support, and other value-added services to support lifecycle engineering for management and maintenance of customer network assets.

Managed Network Services – Our complete network lifecycle management offering includes an “as-is” state assessment and audit, architecture design and engineering, implementation, as well as monitoring and management of the solution. We will bundle several network services to build a core network capable of supporting multiple, logically separate, wavelength, private line and IP VPN connections at the edge. The network may comprise the following elements: (a) dark fiber equipment;

(b) wavelength and ADM equipment; (c) an MPLS network core; (d) RFC 2547 IP VPN enabled edges available at customer designated POP sites, including data centers or service management centers (SMCs); (e) IP VPN network interconnection to third-party carriers; (f) end-customer connectivity directly into the network, and; (g) connectivity to other internal locations.

2. PROFESSIONAL SERVICES DESCRIPTION

The Level 3 Professional Services offering can be best described as a “toolkit” of service options combined to create unique customer solutions. It is important to understand each capability to effectively apply Level 3 Professional Services resources to create desired customer solutions. The service options are defined in the table below. It is important to note that these services can be combined together or sold standalone to meet specific customer needs.

3. PROFESSIONAL SERVICES - SERVICE COMPONENTS AND CONFIGURATIONS

Service Option Definition

Project Management

Utilize established project management methods defined by ISO 9001 and Project Management Institute (PMI) techniques to plan and control network projects, including:

Workflow Processes

Task Timeline and Key Milestone schedules

Project Budget (headcount, capital, and other)

Project Review (identify, escalate and resolve)

Implementation, Capacity Planning, and Business Reviews

Design Consulting Develop customer requirements for carrier-class IP, VoIP, switched data, optical data long-haul, and metro networks, including:

Requirements Definition (goals)

Vendor-Neutral Network Design (hardware network topology and protocol recommendation)

Network Design (specific to selected vendor, features, and configurations)

Hardware Evaluation and Recommendation

Equipment vendor selection (based on past experience or RFI)

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Engineering Consulting

Develop procedures to order, stage, and install equipment and circuits, including:

Installation Procedures (physical install standards, wiring, cross-connect standards, and labeling standards for long-term maintenance)

Acceptance Test Plan (document containing test-case scenarios used to validate and certify that the network is installed according to the required specifications)

Prototype (equipment configurations built in a staging facility to work out cable lengths, routing, test, install procedures, etc.)

Staging Procedure Documentation:

o Labeling, configuration, testing and installation documentation for each piece of hardware, including custom components

Asset Management Procedures (such as serial number and circuit tracking, packing, shipping, and insurance rules)

Implementation Deploy sites according to specs developed in design and engineering (or customer developed), including:

Site Survey: Affirm site readiness for installation and estimation for installation-related material and ancillary gear needed to accommodate equipment

Staging: Leverage procedures developed in engineering to unpack, inspect, inventory, repack, and ship equipment to site

Installation: Leverage staging procedure or site engineering package to rack, mount, wire, and power all hardware and connections

Acceptance Testing: Perform basic and acceptance testing on all systems and circuits, update as-built drawings, and turn over to customer for operation

Operations Ongoing short- or long-term, dedicated or shared, support for customer-owned networks, including:

Customer Network Control Center (CNCC) Facilities

Start-Up Activities (configure CNCC routers/equipment, circuits, etc.)

Operations Manual Development

Proactive Network Monitoring (Tier 1 and 2)

Fault Identification and Isolation

Service Provider Dispatch and Escalation Management

Custom Reporting (outages, SLOs, etc.)

Level 3 Tech Services

Local, on-site support (customer site in Level 3 colocation facility or non- Level 3 facility) of carrier-grade equipment for break/fix activities and basic installation (move, add, and change MAC) in the U.S.

Parts Logistics Customer spare parts and logistics storage, inventory control, forecasting, coordination, tracking, and reporting

Center Manager - PM Responsible for day-to-day management of center operations.

Manage implementation and oversight of specific government contracts

Plan, coordinate and manage actions taken in center to ensure compliance with government program objectives.

Integrate all functions and activities necessary to meet program requirements.

Plan and implement actions by Center (Program) team to define and implement technical baseline.

Plan and implement actions by the program team to define and implement technical baseline and meet program quality requirements

Direct program team personnel, manage cost and schedule, ensure contract compliance, and serve as principal customer interface.

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Team Developer/ Assistant Manager/ Supervisor

Manages a team of agents. Ensures individual agents are performing against targets, reviewing performance and coaching/training agents.

Meets on regular basis with Manager to provide feedback and receive instructions.

Assists in the recruitment of new agents.

Works on specific projects for the center.

Must demonstrate strong leadership and communication skills.

Contact Center Agent

Responsible for handling customer inquiries and problems.

Under general supervision define problem and implement corrective action to resolve – resolve problem or escalate to appropriate servicing entity.

Establish and meet customer expectation at every interaction.

Responsible for performing routine customer support for equipment, services, or programs.

According to organization guidelines maintain logs, records and files.

Training Specialist

Responsible for development and administration of training programs.

Works closely with clients to transfer knowledge and skill sets to team members.

Analyzes program requirements to ensure material addresses needs.

Develops and delivers training curriculum for new hires and in place team members.

Creates ad hoc training programs to address changing program needs.

Develops web and desktop aides to educate users and mitigate knowledge gaps.

Updates and maintains personnel training records.

Workforce Scheduler

Using historical data establishes and forecasts staffing levels for operations.

Assists executive management in planning shift schedules to ensure adequate coverage during all business hours.

Creates models to assist in forecasting and logs results against forecasts.

Quality Assurance Analyst

Establishes and maintains a process for evaluating customer interactions and CSR performance.

Interprets relevant metrics to ensure compliance with SLAs.

Coaches and develops staff to drive continuous improvement.

Determines the resources required for quality control.

Performs formal and informal reviews of SOPs and practices at pre-determined points.

May provide daily supervision and direction to support staff.

Strong database query and analysis skills

Must be able to gather data, and perform analytics.

Business Analyst

Develops and analyzes metrics, performance measurements, requirements, and recommendations related to management, policy/procedures to help accomplish goals.

Perform different forms of knowledge transfer to assist team members.

Develop technical functional specifications, produce deliverables and assist in support and system enhancements.

Demonstrates excellent written and oral communication skills and deep understanding of customer service operations.

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Contact Center Tech Support

Provides support activities within the contact center involving installation, modification and repair of complex equipment and systems.

Preventative maintenance of PCs and peripherals.

Day-to-day technical support of network, infrastructure and internal desktop systems software and hardware.

Install, configure and troubleshoot desktop systems, workstations, servers and network devices.

Installation and testing of equipment to ensure proper functionality.

Maintains passwords, data integrity and file system security for desktops.

Communicates highly technical information to both technical and non-technical personnel.

Assists in determining suitable software to meet user needs.

Recommends hardware and software solutions.

May participate in development of IT and infrastructure projects.

May conduct user training to upgrade team skills on both COTS and proprietary solutions.

Troubleshoot and isolate malfunctions and take corrective action.

Maintain logs, records and files.

4. ADDITIONAL PROFESSIONAL SERVICES TERMS AND CONDITIONS

Billing and Payment Due to the dynamic nature of charge applications, Level 3 Professional Services will be billed manually on a standalone invoice. Network service customers will receive a separate bill for Level 3 Professional Services and network services. Billing is contract-driven, and charges can be based on billable labor hours, completion of milestone deliverables, predefined monthly-recurring, and/or vendor equipment/supply pass-through charges.