M6700420P1029 Phone Switch.pdf

SEE ADDENDUM

(No Collect Calls)

M6700420Q1041 28-May-2020

b. TELEPHONE NUMBER

904-696-5170

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 15 Jun 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.(703) 885-7826

M670049. ISSUED BY

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

M6700420P1029 19-Jun-2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PATRICIA E. SOLBERG

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

REF:

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M5402620SUDG907

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

Patricia E. Solberg / Contracting Officer

See Schedule $73,655.40

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE SCHEDULE

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 0TPR9 FACILITY

OFFEROR CODE

USMC BLOUNT ISLAND COMMAND

ATTN: PATRICIA SOLBERG 5880 CHANNEL VIEW BL

JACKSONVILLE FL 32226-3404

TYTO ATHENE, LLC

JEFF WHITLOCK

510 SPRING ST STE 200

HERNDON VA 20170-5148

DFAS COLUMBUS

ATTN: KANSAS

P O BOX 182317

COLUMBUS OH 43218-2317

18a. PAYMENT WILL BE MADE BY CODE M67443

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE M38450 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USMC BLOUNT ISLAND COMMAND

CHARLES STICHBERRY

5880 CHANNEL VIEW BLVD.

JACKSONVILLE FL 32226-3404

904-696-5017FAX:

TEL: 904-696-5170

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

811213

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL: patricia.solberg@bic.usmc.mil

904-696-5170TEL:

31c. DATE SIGNED

19-Jun-2020

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF53

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6700420P1029

Section SF 1449 - CONTINUATION SHEET

SF 1449 CONTINUATION

The Contractor, as the prime Contractor, must be an Authorized Reseller in good standing and provide proof of status from each of the following companies: Avaya, K&R Custom Software, SecureLogix Corporation, and

Callware Technologies. Proof of status shall be a letter from each company, Avaya, K&R Custom Software, SecureLogix Corporation, and Callware Technologies, confirming the contractor’s partnership as an Authorized

Reseller. The contractor shall remain an Authorized Reseller in good standing with Avaya, K&R Custom Software, SecureLogix Corporation, and Callware Technologies through the period of performance set forth in the contract, inclusive of the option year if the Government chooses to exercise the option.

Any questions regarding the requirements identified herein must be submitted no later than 1:00 p.m. Eastern

Standard Time on June 3, 2020. Questions must be submitted by email to patricia.solberg@usmc.mil and brittany.jackson.ctr@usmc.mil . Offerors are responsible for confirming receipt of questions submitted. All prices submitted in response to this Request for Quote will be Firm Fixed Price inclusive of all services, material(s), equipment, transportation, travel, etc. The contractor will not be reimbursed for any expenses outside of the Firm

Fixed Price amounts quoted to perform all services included in the Statement of Work which include, but are not limited to, equipment monitoring, troubleshooting and replacement.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months $6,137.95 $73,655.40 Phone Switch Maintenance Support

FFP

Contractor shall provide Phone Switch Maintenance Support Services in accordance with the Performance Work Statement (PWS) and terms and conditions of the contract. All prices submitted in response to this Request for Quote will be

Firm Fixed Price inclusive of all services, material(s), equipment, transportation, travel, etc. This includes any and all reinstatement fees.

FOB: Destination

MILSTRIP: M5402620SUDG907

PURCHASE REQUEST NUMBER: M5402620SUDG907

PSC CD: D314

NET AMT $73,655.40

ACRN AACIN: M5402620SUDG9070001

Funded Amount $73,655.40 mailto:patricia.solberg@usmc.mil mailto:brittany.jackson.ctr@usmc.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 12 Months $5,182.36 $62,188.32 OPTION Phone Switch Maintenance Support

FFP

Contractor shall provide Phone Switch Maintenance Support Services in accordance with the Performance Work Statement (PWS) and terms and conditions of the contract. All prices submitted in response to this Request for Quote will be

Firm Fixed Price inclusive of all services, material(s), equipment, transportation, travel, etc. This includes any and all reinstatement fees.

FOB: Destination

PSC CD: D314

NET AMT $62,188.32

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 22-JUN-2020 TO

21-JUN-2021

N/A USMC BLOUNT ISLAND COMMAND

CHARLES STICHBERRY

5880 CHANNEL VIEW BLVD.

JACKSONVILLE FL 32226-3404

9046965641

M38450

1001 POP 22-JUN-2021 TO

21-JUN-2022

N/A (SAME AS PREVIOUS LOCATION)

M38450

ACCOUNTING AND APPROPRIATION DATA

AA: 1701106BSS1 233 67695 067443 2D M54026

COST CODE: 0SUDG907ITAN

AMOUNT: $73,655.40

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 M5402620SUDG9070001 $73,655.40

PWS

PERFORMANCE WORK STATEMENT

MCSF-BI Telephony Network Technical Assistance and Maintenance Support Services

Introduction.

The Marine Corp Support Facility S6 provides critical voice and data communications to the Blount

Island, and requires technical assistance and maintenance support in order to provide reliable service.

Scope.

This Performance Work Statement (PWS) establishes and defines the requirements for the contractor to provide technical support, repair/return of parts and on-site maintenance support as required for the Base

Telephony Network for Blount Island. Specifics for each line item are included below. This will be a

Firm Fixed Price (FFP) contract.

STATEMENT OF WORK

1.0 INTRODUCTION.

The purpose of this contract is to provide S-6, MCSF-BI with Technical Assistance Service (TAS), /

Extended Technical Assistance Services (ETAS), Return & Repair Replacement Service, and on site

Diagnostics Service for Avaya and other ancillary equipment located aboard MCSF-BI.

2.0 TECHNICAL REQUIREMENTS

2.1 This support agreement shall include the service requirements of Technical Assistance Service (TAS), / Extended Technical Assistance Services (ETAS), Return & Repair Replacement, and Remote

Diagnostics, based on the Avaya CM7 remotes having 900+ active ports, one (1) K&R ticket management system, one (1) Callware Voicemail system and Networking supported SecureLogix.

2.2 The support agreement package shall consist of core Avaya TAS/ETAS support on a 24/7 basis for the term of the contract for sold to# 0003010528. This core TAS/ETAS support package shall provide the primary services required for day-to-day support of the MCSF-BI Avaya CM7, remotes, voice mail system, GPS, and ticketing system. The Contractor, as the prime Contractor, must be an Authorized

Reseller in good standing and provide proof of status from each of the following companies: Avaya, K&R

Custom Software, SecureLogix Corporation, and Callware Technologies. Proof of status shall be a letter from each company, Avaya, K&R Custom Software, SecureLogix Corporation, and Callware

Technologies, confirming the contractor’s partnership with the company as an Authorized Reseller. The contractor shall remain an Authorized Reseller in good standing with Avaya, K&R Custom Software, SecureLogix Corporation, and Callware Technologies through the period of performance set forth in the contract, inclusive of the option year if the Government chooses to exercise the option.

2.3 The contractor shall provide unlimited remote and on-site maintenance, diagnostics, routine technical assistance, and emergency technical assistance services as required. In addition to technical assistance, services shall include testing, diagnostic fault isolation, problem resolution, and system restoration from the Avaya TAS facilities for the Avaya and CM7 switching system. Remote support is by telephonic assistance only.

2.4 There are no remote terminals. All remote services will be conducted via telephone or email.

Emergency TAS shall be available 24 hours a day, seven days a week. For those customers requiring non-service threatening support, routine TAS shall be available from 7:00 a.m. to 4:00 p.m. EST, Monday through Friday.

2.5 In addition to core TAS/ETAS coverage, the support agreement shall allow for Repair and

Replacement (R&R) hardware. Typical turn-around time for R&R service shall be 20 business days or less. During emergency situations, necessary replacements shall be shipped within 24 hours. Coverage shall include all CM7 equipment, and voice mail components.

2.6 Depot Level Support

2.6.1 Repair and Return of Failed Items. The contractor shall utilize Avaya services to support CM7 telecommunication systems and components listed in section 3.2. The contractor shall utilize the listed equipment manufactures in support of the non-Avaya listed in section 3.1. The contractor shall closely monitor all vendors to ensure that quality standards are being observed; thereby providing a well-coordinated effort to ensure highly responsive Depot Level Support for all items and support equipment that comprise the telephone switch system installed at MCSF-BI, FL.

2.6.2 Depot Center Operations. The contractor shall utilize Avaya’s dedicated full-time facilities for

Depot Level Support including the repair of all Avaya equipment listed in section 3.2. The contractor shall utilize the original equipment manufacturers for hardware and the listed vendors for software for the non-Avaya equipment listed in section 3.1. This support shall consist of the repair or replacement of electronic circuit packs, major subassemblies, modules, printed circuit boards, and other repairable items.

The depot centers shall be fully staffed during normal duty hours and maintain on call standby coverage to handle emergency orders during all non-duty hours.

2.6.3 Emergency Requests. To meet the Government's high-priority, short lead time emergency requirements, the contractor's emergency replacement service shall be available 24 hours a day, seven days per week, 365 days per year for the MCSF-BI CM7 system. An emergency is defined as a critical system service outage which significantly impacts customer operations. The Government is responsible for making the final determination of an emergency. The contract will identify the point of contact that has been authorized by the Government to request this emergency service.

2.6.4 Remote Diagnostics. There are no remote diagnostic services for Avaya CM7 switch systems. All services will have to be done on site or by telephone services The contractor shall provide MCSF-BI with the phone numbers, addresses, and POCs for the remote diagnostic facilities.

2.6.5 Scope of Remote Diagnostic Services. Remote diagnostic services shall be available for use during emergency situations when all other Government, third-party, and/or on-site contractor support have failed to correct a problem. Emergencies shall be handled immediately. With non-emergencies, the site shall be called back to work the problem with the ETAS engineer. The contractor shall immediately investigate and resolve emergency situations that occur in the operation and maintenance of the switch systems and continue to work every such situation remotely until the problem is corrected and service is restored.

2.6.6 Remote Diagnostic Service Centers. The Remote Diagnostic Service Centers for Avaya switches and switch system peripherals shall be available 24 hours a day, seven days per week, 365 days per year for the duration of the contract.

2.6.7 On Site Diagnostic Service. If trouble analysis remote diagnostic services or replacement of contractor supplied parts by local technical experts are unable to isolate and affect repairs, then onsite contractor support shall be required. On-site response time will need to be within 24hrs of notification.

The contractor shall provide for and assume all costs associated for travel, lodging and subsistence of any support staff required to travel to the MCSF-BI sites covered under this support agreement.

3.0 EQUIPMENT LIST

The following are items requiring Maintenance Support but additional equipment will be added as required:

3.1 Non-Avaya Equipment

Non-Avaya Equipment

Equipment Model/Part No. Serial No. Software Location

Dell R230 RAE Server Dell R230 BTJ7GK2 BLDG 100

Dell R330 TMS Intel

Xeon E3-1220 3.0GHz R330 9WRBXK2

K&R Custom

Software BLDG 100

Dell R320 TMS server with Intel multi-core

Xeon™ processor DELL POWER EDGE R320 4G7BGK2

K&R Custom

Software BLDG 100

Teleboss 850 w/CC

T850-6-

JITC/XT/32M/ACUS/8CI-

8CI + ES-T 850019000

K&R Custom

Software BLDG 100

Microsemi GFE SAASM

GB-GRAM GPS

Receiver, L1/L2 Antenna 652-HAE-GBGRAM-700 1635T69535 BLDG 100

56 Port Rear Cross

Connect DSX Panel 19"

Mount

010-2156-0103

N/A BLDG 100

Netgear NAS RN2120V2 3SJF72EU0001D BLDG 100

Trippelite KVM Console

8 port B020-008-17 2647AAPCB88F000324 BLDG 100

Securelogix R330XI

Server R330XL DZXGXK2

SecureLogix

Corporation BLDG 100

Securelogix R330XI

Server R330XL DZHHXK2

SecureLogix

Corporation BLDG 100

Securelogix Chassis CAG 1NGR6 3200A-R-203489

SecureLogix

Corporation BLDG 100

-EMT Controller Card

8540 ETM-CTRL-MOD-8540 8540A003551

SecureLogix

Corporation BLDG 100

-EMT Controller Card

8540 ETM-CTRL-MOD-8540 8540A003432

SecureLogix

Corporation BLDG 100

Dell Latitude E5580

Laptop Dell e5580 5HDHWD2 BLDG 100

Dell Latitude E5580

Laptop Dell e5580 2JBHWD2 BLDG 100

Dell Latitude 3560 Laptop 3753837470 1Q2XRJ2 BLDG 100

Dell R320 Callware server with Intel multi-core

Xeon™ processor DELL POWER EDGE R320 4G8CGK2

Callware Enhanced

Services BLDG 100

3.2 Avaya Equipment

Avaya Equipment

Equipment Model/Part No. Serial No. Location

Avaya CM7 R630 Server CM7 383531 17AN15200077 BLDG 100

Avaya CM7 R630 Server CM7 383531 17AN15200078 BLDG 100

Avaya G650 Media Gateway 700394950 06163950421 BLDG 100

-655A Power Supply 7004061350 06R4090002385 BLDG 100

-655A Power Supply 7004061350 14DT51467126 BLDG 100

-TN2312BP IP Server Interface 700260359 05J213702324 BLDG 100

-TN771DP Maintenance Test Card 700463482 12TL17300109 BLDG 100

-TN464GP DS1/Pri Interface Card 700339153 03J208732021 BLDG 100

-TN2501AP Announcement Card 108772583 071621100300 BLDG 100

-TN793B 24 Port Analog Phone Card 108551755 03J206703079 BLDG 100

-TN763B Auxiliary Trunk Circuit Pk TN763B 6D8356008 BLDG 100

-TN793CP 24 Port Analog Circuit Pk 700463524 061645600709 BLDG 100

-TN2181 2w Digital Line 16 Port 106706948 95DR04139571 BLDG 100

-TN2181 2w Digital Line 16 Port 106706948 96DR11265326 BLDG 100

-TN2181 2w Digital Line 16 Port 106706948 96DR07318549 BLDG 100

-TN2181 2w Digital Line 16 Port 106706948 95DR08140519 BLDG 100

-TN2181 2w Digital Line 16 Port 106706948 95DR04136433 BLDG 100

-TN2224B 24 Port Digital Circuit Pk 108276148 99SP69929560 BLDG 100

-TN464 DS1 Interface MODULE 7003947940 15TL24300034 BLDG 100

Avaya G650 Media Gateway 700394950 06163950416 BLDG 100

-655A Power Supply 7004061350 06R407000020 BLDG 100

-655A Power Supply 7004061350 05R408001438 BLDG 100

-TN464 DS1 Interface MODULE 7003947940 15TL24300087 BLDG 100

-TN2224B 24 Port Digital Circuit Pack 108276148 99SP69927846 BLDG 100

-TN2181 2w Digital Line 16 Port 106706948 96DR08300639 BLDG 100

-TN2224B 24 Port Digital Circuit Pack 108276148 99DR16362141 BLDG 100

-TN2181 2w Digital Line 16 Port 106706948 95DR09131206 BLDG 100

-TN2224 24 Port Digital Station Circuit

Card 107582728 98DR08134999 BLDG 100

-TN2224B 24 Port Digital Circuit Pack 108276148 99SP56903139 BLDG 100

-TN793CP 24 Port Analog Circuit Pk 700463524 10WZ42505073 BLDG 100

-TN556D ISDN-BRI 4- Wire S/T-NT

Interface 12 Ports TN556D 00DR11128978 BLDG 100

-TN2224B 24 Port Digital Circuit Pack 108276148 99SP63916943 BLDG 100

-TN2181 2w Digital Line 16 Port 106706948 95DR03135908 BLDG 100

-TN744D Call Class TN444D 99DR10305009 BLDG 100

-TN2302AP IP Media Processor 108774696 071608002024 BLDG 100

-TN799DP C-Lan Control Card 700463458 081640502508 BLDG 100

Avaya G650 Media Gateway 700394950 06163950415 BLDG 100

-655A Power Supply 7004061350 06R409002455 BLDG 100

-655A Power Supply 7004061350 05R411002262 BLDG 100

-TN2312BP IP Server Interface 700260359 05J212706364 BLDG 100

-TN793B 24 Port Analog Phone Card 108551755 00DR10135202 BLDG 100

-TN2224B 24 Port Digital Circuit Pack 108276148 01DR02132167 BLDG 100

-TN464F DSI/ISDN PRI Interface 107214702 99DR10129919 BLDG 100

-TN748B Analog Line Module T117694 No Ser BLDG 100

-TN464F DSI/ISDN PRI Interface 107214702 97DR12134616 BLDG 100

-TN464 DS1 Interface MODULE 7003947940 15TL24300085 BLDG 100

-TN2224 24 Port Digital Station Circuit

Card 107582728 98DR11127685 BLDG 100

-TN2224B 24 Port Digital Circuit Pack 108276148 99SP22874004 BLDG 100

-TN556D ISDN-BRI 4- Wire S/T-NT

Interface 12 Ports TN556D 99DR08140807 BLDG 100

-TN464 DS1 Interface MODULE 7003947940 15TL24300021 BLDG 100

-TN464F DSI/ISDN PRI Interface 107214702 99DR10129546 BLDG 100

-TN2224B 24 Port Digital Circuit Pack 108276148 00F809113164 BLDG 100

-TN2224B 24 Port Digital Circuit Pack 108276148 99SP60911839 BLDG 100

Avaya G430 Media Gateway 700476393 17R002400061 BLDG 100

-MM710 T1/E1 700439250 17R002400030 BLDG 100

-MM710 T1/E1 700439250 17R002400050 BLDG 100

-MM710 T1/E1 700439250 17R002400061 BLDG 100

G450 Analog Voice Gateway 700506955 17R005481064 BLDG 110

-G450 Power Supply 700507394 16BE47200211 BLDG 110

-G450 Power Supply 700507394 16BE43600160 BLDG 110

-G450 Mother Board 700506985 17R005480955 BLDG 110

-MM717 Digital Card 700394711 16R036600098 BLDG 110

-MM716 Analog Card 700394703 12TL02100001 BLDG 110

G450 Analog Voice Gateway 700506955 12IS06443696 BLDG 120

-G450 Power Supply 700507394 11DT23480404 BLDG 120

-G450 Power Supply 700507394 10DT45458655 BLDG 120

-G450 Mother Board 700506985 12IS05443814 BLDG 120

-MM717 Digital Card 700394711 16R036600107 BLDG 120

-MM717 Digital Card 700394711 16R036600112 BLDG 120

-MM716 Analog Card 700394703 12TL02100113 BLDG 120

-MM717 Digital Card 700394711 13TG35223638 BLDG 120

G450 Analog Voice Gateway 700506955 17R005481243 BLDG 200

-G450 Power Supply 700507394 16BE47200154 BLDG 200

-G450 Power Supply 700507394 16BE43600093 BLDG 200

-G450 Mother Board 700506985 17R006480933 BLDG 200

-MM717 Digital Card 700394711 051642501023 BLDG 200

-MM717 Digital Card 700394711 12TL27100170 BLDG 200

-MM716 Analog Card 700394703 071608600522 BLDG 200

-MM716 Analog Card 700394703 061615301144 BLDG 200

-MM716 Analog Card 700394703 081621200159 BLDG 200

-MM717 Digital Card 700394711 071628200232 BLDG 200

Avaya G650 Media Gateway 700394950 071611240866 BLDG 350

-655A Power Supply 7004061350 05R411002006 BLDG 350

-655A Power Supply 7004061350 10DT01601946 BLDG 350

-TN2312BP IP Server Interface 700260359 061650402749 BLDG 350

-TN2302AP IP Media Processor 108774696 05J211706114 BLDG 350

-TN793 Analog Line Module 103557468 99DR09138165 BLDG 350

-TN793 Analog Line Module 103557468 99DR10132942 BLDG 350

-TN2224B 24 Port Digital Circuit Pack 108276148 00F808104000 BLDG 350

-TN2181 2w Digital Line 16 Port 106706948 96DR07306244 BLDG 350

-TN2181 2w Digital Line 16 Port 106706948 96DR07318509 BLDG 350

-TN2181 2w Digital Line 16 Port 106706948 95DR11137093 BLDG 350

-TN793CP 24 Port Analog Circuit Pk 700463524 071647504150 BLDG 350

-TN2181 2w Digital Line 16 Port 106706948 96DR03306939 BLDG 350

-TN793B 24 Port Analog Phone Card 108551755 01BD87914928 BLDG 350

-TN2224 24 Port Digital Station Circuit

Card 107582728 98DR06142074 BLDG 350

-TN771DP Maintenance Test Card 700463482 05J218702303 BLDG 350

-TN793 Analog Line Module 103557468 99DR10132884 BLDG 350

G450 Analog Voice Gateway 700506955 17R005681826 BLDG 351

-G450 Power Supply 700507394 16BE47200184 BLDG 351

-G450 Power Supply 700507394 16BE43600015 BLDG 351

-G450 Mother Board 700506985 17R006681974 BLDG 351

-MM717 Digital Card 700394711 10FP48002269 BLDG 351

-MM716 Analog Card 700394703 081632302125 BLDG 351

-MM717 Digital Card 700394711 10FP20401062 BLDG 351

Avaya G650 Media Gateway 700394950 071616000560 BLDG 450

-655A Power Supply 700406135 07R403003434 BLDG 450

-655A Power Supply 700406135 17DT17272361 BLDG 450

-TN2312BP IP Server Interface 700260359 071636400506 BLDG 450

-TN2224B 24 Port Digital Circuit Pack 108276148 99SP22887016 BLDG 450

-TN2224 24 Port Digital Station Circuit

Card 107582728 98DR06129896 BLDG 450

-TN771DP Maintenance Test Card 700463482 02J209700968 BLDG 450

-TN793 Analog Line Module 103557468 99DR10133002 BLDG 450

-TN793 Analog Line Module 103557468 99DR10132891 BLDG 450

-TN793 Analog Line Module 103557468 99DR10132904 BLDG 450

-TN2224B 24 Port Digital Circuit Pack 108276148 00DR09134952 BLDG 450

-TN2181 2w Digital Line 16 Port 106706948 95DR07129544 BLDG 450

-TN2181 2w Digital Line 16 Port 106706948 95DR08131808 BLDG 450

-TN2181 2w Digital Line 16 Port 106706948 97DR12265937 BLDG 450

-TN2181 2w Digital Line 16 Port 106706948 96DR01308892 BLDG 450

-TN2224B 24 Port Digital Circuit Pack 108276148 99SP22874281 BLDG 450

-TN2302AP IP Media Processor 108774696 05J241701263 BLDG 450

G450 Analog Voice Gateway 700506955 13R01002984 BLDG 454

-G450 Power Supply 700507394 13DT04529576 BLDG 454

-G450 Power Supply 700507394 N/A BLDG 454

-G450 Mother Board 700506985 13R011002831 BLDG 454

-MM717 Digital Card 700394711 13TG22185074 BLDG 454

-MM716 Analog Card 700394703 12TL05400468 BLDG 454

-MM717 Digital Card 700394711 14R035400019 BLDG 454

G450 Analog Voice Gateway 700506955 17R005481063 BLDG 550

-G450 Power Supply 700507394 16BE47200249 BLDG 550

-G450 Power Supply 700507394 16BE43600076 BLDG 550

-G450 Mother Board 700506985 17R006480887 BLDG 550

-MM717 Digital Card 700394711 16R036600064 BLDG 550

-MM716 Analog Card 700394703 12TL33100082 BLDG 550

-MM717 Digital Card 700394711 081621200034 BLDG 550

G450 Analog Voice Gateway 700506955 11IS24438960 BLDG D715

-G450 Power Supply 700507394 10DT44456259 BLDG D715

-G450 Power Supply 700507394 10DT45458361 BLDG D715

-G450 Mother Board 700506985 11IS24437144 BLDG D715

-MM717 Digital Card 700394711 081637203808 BLDG D715

-MM716 Analog Card 700394703 081632302047 BLDG D715

G450 Analog Voice Gateway 700506955 09IS40269047 CAGE P009 PROJECT

-G450 Power Supply 700507394 16BE47200184 CAGE P009 PROJECT

-G450 Mother Board 700506985 09IS40268889 CAGE P009 PROJECT

Avaya Crash Package N/A N/A CAGE

-655A Power Supply 7004061350 14DT23365722 CAGE

-655A Power Supply 7004061350 09DT24375149 CAGE

-655A Power Supply 7004061350 09DT32480614 CAGE

-EM200 Expansion Module 7004760050 14R028011373 CAGE

-TN744D Call Class TN444D 99DR03306655 CAGE

-TN744D Call Class TN444D 99DR01310034 CAGE

-TN746B 16 Port Analog Card 106361421 94DR06133970 CAGE

-TN746B 16 Port Analog Card 106361421 96DR06139439 CAGE

-TN746B 16 Port Analog Card 106361421 99ST02011626 CAGE

-TN746B 16 Port Analog Card 106361421 97DR10142589 CAGE

-TN748D Tone Detector Circuit Pack TN748D 94DR12310481 CAGE

-TN464 DS1 Interface MODULE 700394794 15TL24300067 CAGE

-TN464 DS1 Interface MODULE 700394794 15TL24300029 CAGE

-TN747B 8-Port Central Office CO Tr TN747B 94ST09501289 CAGE

-TN753 DID Trunk Circuit Pack TN753 86DR03352101 CAGE

-TN760D Tie Trunk Circuit Pack TN760D 94DR11303020 CAGE

-TN763D Auxiliary Trunk Circuit Pk TN763D 93DR10303567 CAGE

-TN763B Auxiliary Trunk Circuit Pk TN763B No Ser CAGE

-TN771DP Maintenance Test Card 700463482 96DR11306331 CAGE

-TN771DP Maintenance Test Card 700463482 05J211700839 CAGE

-TN771DP Maintenance Test Card 700463482 11WZ146008PF CAGE

-TN775B EPN Maintenance Board TN775B 94DR12300963 CAGE

-TN775C EPN Maintenance Board TN775C 99DR06315521 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 01DR06149185 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 03J206743643 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 00DR10137217 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 05J220701291 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 99DR08144143 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 99DR12129111 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 00DR10135117 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 03J206703254 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 03J209732684 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 04J237706059 CAGE

-TN793CP 24 Port Analog Circuit Pk 700463524 00DR10127443 CAGE

-TN799DP Control Lan Interface 700055015 067G09498766 CAGE

-TN799DP Control Lan Interface 700055015 03J211716213 CAGE

-TN799DP Control Lan Interface 700055015 13JL43600007 CAGE

-TN2181 2w Digital Line 16 Port 106706948 95DR08140266 CAGE

-TN2224B 24 Port Digital Circuit Pack 108276148 99SP22859069 CAGE

-TN2224B 24 Port Digital Circuit Pack 108276148 99DR06129824 CAGE

-TN2224B 24 Port Digital Circuit Pack 108276148 00DR09134829 CAGE

-TN2302AP IP Media Processor 108774696 02J209729672 CAGE

-TN2302AP IP Media Processor 108774696 061617506664 CAGE

-TN2312BP IP Server Interface 700260359 071604203135 CAGE

-TN2312BP IP Server Interface 700260359 081639202321 CAGE

-TN2501AP Announcement Card 108772583 061648000175 CAGE

-TN2501AP Announcement Card 108772583 05J209700328 CAGE

-MM710 T1/E1 700439250 12TL06300025 CAGE

-MM710 T1/E1 700439250 12TL06300080 CAGE

-MM710 T1/E1 700439250 12TL06300090 CAGE

-MM710 T1/E1 700439250 12TL06300072 CAGE

-MM710 T1/E1 700439250 12TL06300006 CAGE

-MM710 T1/E1 700439250 11TL47200035 CAGE

-MM710 T1/E1 700439250 17R002400051 CAGE

-MM716 Analog Card 700394703 071615302863 CAGE

-MM716 Analog Card 700394703 14R039200204 CAGE

-MM716 Analog Card 700394703 10WZ12200695 CAGE

-MM717 Digital Card 700394711 081637203841 CAGE

-MM717 Digital Card 700394711 071639500517 CAGE

-MM717 Digital Card 700394711 081640201163 CAGE

-MM717 Digital Card 700394711 081637203807 CAGE

-MM717 Digital Card 700394711 081637203678 CAGE

-MM717 Digital Card 700394711 12TL52100300 CAGE

Places of Performance.

1. Marine Corps Support Facility – Blount Island Jacksonville, FL.

Period of Performance.

The period of performance is for a base year and one option year.

Qualification Requirements

Government Furnished Information and Facilities

Government furnished information, such as building locations, required by the contractor for the performance of this contract will be provided with each request. All information received remains the property of the United States Government. The Contractor may be in contact with data subject to the

Privacy Act (Title 5 of U.S. Code, Section 552.a). Reports and data shall be identified and safeguarded accordingly. Agency procedures shall be followed. The Contractor shall ensure that contractor employees assigned to this requirement are briefed annually on properly identifying and handling privacy act data/ information.

There is no requirement for Government Furnished Facilities. If vendor provides “on-site” support, access will be granted as required.

Contractor Responsibilities

The Contractor shall provide shipping as required. Government will not pay any travel expenses as part of this PWS. The contractor is responsible for all reinstatement fees as needed to Avaya, K&R Custom

Systems, Securelogix Corporation and Callware Technologies. The Contractor, as the prime Contractor, must be an Authorized Reseller in good standing and provide proof of status from each of the following companies: Avaya, K&R Custom Software, SecureLogix Corporation, and Callware Technologies.

Contracting Officer’s Representative. The Contracting Officer Representatives (COR) will monitor performance to ensure services are received and performed in a satisfactory manner and will be appointed at the time of award.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

QUESTIONS AND ANSWERS

Question 1:

The document states: The contractor shall take incoming service calls. The contractor shall provide initial Tier 1 support and shall open ETAS tickets with Avaya on required service issues.

Our plan is to have calls go directly to the Avaya support desk from Blount Island. There will be a fully supportable 24/7 remote/on-site coverage contract in place, but our intention is for these calls to go directly to the technical team that will support the equipment.

Answer:

The Government agrees with the statement. We would like to call Avaya Direct for issues with

24/7 remote/on-site coverage for technical support. The PWS was updated to reflect the changes.

Question 2:

I see that the due date has been extended to June 3, 2020 but the requirements for Securelogix and K&R are still included. Are you considering removing those requirements as per my email below? Will you consider proposals that cannot meet those requirements?

No. The Contractor, as the prime Contractor, must be an Authorized Reseller in good standing and provide proof of status from each of the following companies: Avaya, K&R Custom

Software, SecureLogix Corporation, and Callware Technologies.

Question 3:

Will you be issuing the LOA? By issuing a Letter of Agency (LOA), the end user customer authorizes Avaya to release information related to inventory and billing to the specified Avaya

Business Partner/Distributor. This information will enable the Avaya Business

Partner/Distributor to obtain the relevant background data necessary to accurately quote an

Avaya Maintenance Agreement.

The Letter of Agency (LOA) is initiated by the partner through Avaya’s Customer Authorization

Tool (CAT). When prompted within CAT send the request to the following address:

Patricia.Solberg@usmc.mil. Only Quoting permissions will be authorized. Requests submitted for additional permissions will not be signed. Requests must be submitted no later than 12:00 p.m. Eastern Standard Time on 11 June 2020. Requests submitted after this date and time will not be signed.

CLAUSES INCORPORATED BY REFERENCE

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General AUG 2019

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.211-7006 Passive Radio Frequency Identification DEC 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7010 Cloud Computing Services OCT 2016

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7008 Sources of Electronic Parts MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and mailto:Patricia.Solberg@usmc.mil

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other

Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282…