Fully Executed Contract Award_86615425P00004.pdf

ARC/ASD/APB

PARKERSBURG WV 26106-1328

ACCOUNTSPAYABLEFISCALTREASURYGOV

PO BOX 1328

ARCASDAPB AVERY 3G

ARCASDAPB

410-514-8797

KLQZPHMGKK23

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

HUD-NOI

See Schedule

HUD-Q CODE 16. ADMINISTERED BYCODE

X

X

518210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORHUD-NOI

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

ET

03/10/2025

DAVID CRUZ-MOTA

86615425P00004

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

86615425Q00004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 29 RCS-Q-2025-00098OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

HERNDON VA 20170-6008

12975 WORLDGATE DR STE 7103

ATTN RYAN MCMILLION

PERATON GOVERNMENT COMMUNICATIONS INC

17a. CONTRACTOR/

WASHINGTON DC 20410

451 7TH STREET SW

HUD-Q

15. DELIVER TO

WASHINGTON DC 20410-1000

ROOM 5256

451 SEVENTH STREET SW

OFFICER

OFFICE OF THE CHIEF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$40

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

NET 30 PROMPT PAY

THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

US DEPARTMENT OF HUD

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Tax ID Number: 54-1862357

ADMINISTERED BY:

US DEPARTMENT OF HUD

OFFICE OF THE CHIEF PROCUREMENT

OFFICER

451 SEVENTH STREET SW

ROOM 5256

WASHINGTON DC 20410-1000

DUNS Number: Not Available Delivery: 15 Days After Award Continued ...

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

$21,230.00

HEREIN, IS ACCEPTED AS TO ITEMS:

X

DATED

DWAYNE E. GIST

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

See schedule

29. AWARD OF CONTRACT: REFERENCE

Thomas A. Elliott, Jr., CFCM / Sr. Contracts Manager 26 Mar 2025

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Accounting Info:

HUD4586DB2426XX-2025-61000001-257102-HUDCI00000000

-XXXXXXXXXX-HUDITFP00000-HUDWCDR-XXXXXXXXX-XXXX-XX

XXXXXXXXXX-XXXXXXXXXXXX-XXXXXXXXX-XXXXXXXXX

Period of Performance: 03/28/2025 to 03/27/2026

0001 2x10Mbps internet circuits, O&M 7,740.00

2x10MB DIA, +/30 &29 STATIC INTERFACE IP BLOCK

(Internet Circuits)

0002 2x10Mbps internet circuits, O&M 12,240.00

2x10MB DIA, +/30 &29 STATIC INTERFACE IP BLOCK

(Internet Circuits)

0003 2x10Mbps internet circuits, O&M 1,250.00

One Time Access Fee

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

29 2 of

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

SECTION II – CONTINUATION OF THE SF1449

DESCRIPTION: Purchase of 2x10Mbps internet circuits, usage for facility equipment

CONTRACT TYPE: This is a Firm Fixed Price contract.

SUPPLIES: The Contractor shall provide the supplies and/or services in accordance with the attached Statement of Need for (SoN), Line-Item Numbers (CLINs), terms and conditions.

REPRESENTATIVE OF THE CONTRACTING OFFICER

a. The Contracting Officer’s Representative (COR) at the appropriate ordering Program Office is authorized to act as an official representative of the Contracting Officer:

Contracting Officer’s Representative (COR): Fredderick Evans

b. The COR will be designated at the Call level by the Contracting Officer and is authorized to act within the limitations specified herein and written restrictions specifically imposed under the terms of the order and by the Contracting Officer. This authority shall extend to the following:

inspection, acceptance, or rejection of work.

c. This designation does not include authority to direct changes in scope, price, terms or conditions of the contract or order. The authority herein also does not include authority to execute modifications to the contract or order, which require the signature of the Contracting Officer, or to bind the Government by contract in terms of a proposed contract change.

TRAVEL

Not required.

NONPERSONAL SERVICES

a. In performance of this contract, contractor will provide support in the form of services required by program offices to support management of their overall mission. This will be based upon the order's Statement of Need for the specific effort.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the mission but not otherwise available within.

c. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees.

It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004 personal services, it shall be the Contractor's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by Contractors will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures..

DELIVERY

The following terms and conditions are applicable:

a. Delivery will be within 15 business days following receipt of a valid order.

b. The Contractors shall be familiar with the Federal Government and acquisition regulations, directives and instructions. If a particular document is required in a specific order, it will be cited within the order's SON.

c. The Contractors shall not provide technical direction to any other acquisition Contractors or government personnel at any time. Neither shall the Government directly supervise Contractor employees. The Contractors' Principal Contract Manager(s) should conduct day to day supervision of Contractor personnel wherever the Contractor personnel are located. All direction of the Contractors shall be through the Contracting Officer (CO) of the ordering organization specified in each individual order. Technical "tasking" assignments for the Contractors will be transmitted by the call order COR to the Contractors' Principal Contract Manager(s).

d. Cancellation: This order may be canceled if the Contractor fails to perform in accordance with the terms and conditions of the 52.212-4. The Contractor must strictly comply with all terms and conditions or the Contracting Officer may determine that performance by the Contractor has been unsatisfactory..

INVOICES

Inspection and acceptance shall be accomplished as follows: The Government for all services furnished under any resulting call order hereby designates the COR in the program office as the point of final inspection and acceptance. The Contractor will submit each invoice per Invoice Submission instructions, including all back-up data as instructed in HUDAR clause 2452.232-70 Alt II or 2452.232-71 Alt II, as applicable. If the invoice is incomplete or inaccurate, HUD will reject the invoice for correction. The COR will then forward an accepted invoice via the Invoice Processing Platform (IPP) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report.

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

SECTION IV - CLAUSES INCORPORATED BY REFERENCE

FAR PART FAR CLAUSE DATE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government

JUN 2020

52.203-6 Alternate I NOV 2021 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, & Recovery of

Funds for Illegal/Improper Activity

MAY 2014

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

MAY 2014

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct

NOV 2021

52.203-14 Display of Hotline Poster(s) NOV 2021 52.203-15 Whistleblower Protections Under the

American Recovery and Reinvestment Act of 2009

JUN 2010

52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower

Rights

NOV 2023

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-5 Women-Owned Business (Other Than Small Business)

OCT 2014

52.204-6 Unique Entity Identifier OCT 2016 52.204-7 System for Award Management OCT 2018

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

52.204-9 Personal Identity Verification of Contractor Personnel

JAN 2011

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

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management

Maintenance

OCT 2018

52.204-14 Service Contract Reporting Requirements

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting

AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity

Code Maintenance

AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-22 Alternative Line-Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services Representation

OCT 2020

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business Teaming Arrangements or Joint Ventures (Multiple-Award Contracts)

DEC 2022

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation

NOV 2016

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

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.211-11 Liquidated Damages-Supplies, Services, or Research and Development

SEP 2000

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions- Commercial Items

DEC 2022

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services

JUN 2022

52.215-1 Instructions to Offerors-Competitive Acquisition

NOV 2021

52.215-1 Alternate I OCT 1997 52.215-1 Alternate II OCT 1997 52.217-5 Evaluation of Options JULY 1990 52.219-9 Small Business Subcontracting Plan OCT 2022 52.219-14 Limitations on Subcontracting OCT 2022 52.219-16 Liquidated Damages-Subcontracting

Plan

SEP 2021

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-24 Preaward On-Site Equal Opportunity

Compliance Evaluation

FEB 1999

52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act and Service

Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages Under Executive Order

13658

JAN 2022

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan

OCT 2020

52.222-62 Paid Sick Leave Under Executive Order 13706

JAN 2022

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

52.223-6 Drug-Free Workplace MAY 2001 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-14 Inconsistency between English Version and Translation of Contract

FEB 2000

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications

JUN 2020

52.227-14 Rights in Data-General MAY 2014 52.229-3 Federal, State, and Local Taxes FEB 2013 52.229-4 Federal, State, and Local Taxes (State and Local Adjustments)

FEB 2013

52.232-8 Discounts for Prompt Payment FEB 2002 52.232-11 Limitation on Withholding of Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer-

System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract

Claim

OCT 2004

52.239-1 Privacy or Security Safeguards AUG 1996 52.242-5 Payments to Small Business

Subcontractors

JAN 2017

52.242-13 Bankruptcy JULT 1995 52.242-15 Stop-Work Order AUG 1989 52.244-5 Competition in Subcontracting DEC 1996 52.246-26 Reporting Nonconforming Items NOV 2021 52.253-1 Computer Generated Forms JAN 1991

HUDAR PART HUDAR CLAUSE DATE

2452.203-70 Prohibition Against the Use of Federal Employees

APR 2019

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

2452.204-70 Preservation of, and Access To, Contract Records. (Tangible and Electronically Stored Information (ESI) Formats)

DEC 2012

2452.208-71 Reproduction of Reports APR 2019 2452.219-73 Incorporation of subcontracting plan DEC 2012 2452.222-70 Accessibility of Meetings, Conferences, And Seminars To Persons With Disabilities

FEB 2006

2452.227-70 Government Information DEC 2012 2452.239-71 Information Technology Virus Security FEB 2006 2452.244-70 Consent to Subcontract MAR 2016 2452.246-70 Inspection and Acceptance APR 2019

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES

OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

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

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

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

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

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

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

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

or

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

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

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

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

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

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

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

For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004 indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA

OTHER THAN CERTIFIED COST OR PRICING DATA – MODIFICATIONS

ALTERNATE IV (NOV 2021)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include-

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller.

Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror’s determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-1 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-1 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of Provision)

Alternate I (Oct 2010). As prescribed in 15.408 (l) (and see 15.403-5(b)(1)), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic provision:

(b)(1) The offeror shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in the following format: [Insert description of the data

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004 and format that are required, and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408, Table 15-1, Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror’s format will be acceptable, or the description may be inserted as the result of negotiations.]

Alternate II (Oct 1997). As prescribed in 15.408 (l), add the following paragraph (c) to the basic provision:

(c) When the proposal is submitted, also submit one copy each to: (1) the Administrative Contracting Officer, and (2) the Contract Auditor.

Alternate III (Oct 1997). As prescribed in 15.408 (l), add the following paragraph (c) to the basic provision (if Alternate II is also used, redesignate the following paragraph as paragraph (d)).

(c) Submit the cost portion of the proposal via the following electronic media:

__________________________ [Insert media format, e.g., electronic spreadsheet format, electronic mail, etc.]

Alternate IV (Oct 2010). As prescribed in 15.408 (l), replace the text of the basic provision with the following:

(a) Submission of certified cost or pricing data is not required.

(b) Provide data described below: _____________________________ [Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3 .]

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor NO LATER THAN 10 days from prior to the expiration of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days prior to contract expiration days.

The preliminary notice does not commit the Government to an extension.

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

HUD Clauses

AS-2315 CYBERSECURITY AND PRIVACY REQUIREMENTS (APRIL 2022)

1. The Contractor shall comply with all current and future Federal Information Technology (IT) security requirements.

2. The Contractor shall maintain compliance with all terms and conditions of the contract throughout the term of the contract with respect to all IT security and privacy requirements.

3. The Contractor shall use, maintain, enhance, develop, and upgrade all information technology software and system documentation under this contract in accordance with Federal Laws, Regulations, NIST guidance (https://csrc.nist.gov/publications/sp) and HUD policies.

4. Each mixed or financial system that the contractor manages, develops, modifies, enhances, releases and/or upgrades must comply with Office of Management and Budget (OMB) A-123, including Appendix A, Internal Control over Financial Reporting, as well as Federal Information Security Modernization Act (FISMA) of 2014, and shall be assessed under the Federal Information System Controls Audit Manual (FISCAM) methodology that include control families for both General Computer and Business Process Application controls.

5. The Contractor shall use only HUD email system to conduct HUD government business.

To the extent that a non-HUD email system use occurs for HUD government business, the individual must copy their HUD email account during the initial creation of transmission or forward the email record to their HUD email account within 20 calendar days of creation or transmission of the record. Once the message is sent or forwarded to HUD email, the user must save the record (do not delete). Further, the record should be removed from non-HUD email systems unless there is a specific obligation, such as a litigation hold, to maintain the files on all non-HUD systems on which they appear.

6. The Contractor shall maintain compliance, as per the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-161, Supply Chain Risk Management Practices for Federal Information Systems and Organizations.

7. The Contractor shall follow HUD’s Project Planning and Management (PPM) Life Cycle in the analysis, design, development, testing and implementation of proposed new systems and/or the enhancement to existing systems. No live data shall be used in any https://csrc.nist.gov/publications/sp https://www.hud.gov/sites/dfiles/OCHCO/documents/240025CIOH.pdf

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004 environment other than Production and Disaster Recovery (DR) environments.

Specifically, no live data must be used in development, testing or staging environments.

8. The Contractor shall ensure each of its employees working on the HUD contract completes the mandatory HUD Security Awareness Training annually.

9. The Contractor shall ensure each of its employees working on the HUD contract acknowledges the HUD Rules of Behavior (RoB) annually.

10. The Contractor shall ensure each of its employees working on the HUD contract completes the mandatory HUD role-based/specialized cybersecurity and privacy training annually.

11. The Contractor shall review and update system documentation to ensure accuracy, compliance, and completeness. Reviews and revisions must be completed and delivered to HUD quarterly or within one day of a major system release.

12. The Contractor shall provide Security Assessment and Authorization (SA&A) support, including potential off cycle or unanticipated SA&A support, over the life of the contract.

13. The Contractor shall complete and maintain SA&A documentation in accordance with the guidance contained within NIST publications, after the award of the contract and again at the expiration of the SA&A to include any revisions or updates.

14. The Contractor shall complete and maintain security and privacy related documents, in accordance with all Federal Laws, Regulations, NIST guidance (https://csrc.nist.gov/publications/sp) and HUD policies.

15. The Contractor shall present IT security and privacy related documents to HUD’s Chief Information Security Officer (CISO) for review and approval.

16. The Contractor shall designate an Information System Security Officer (ISSO) or a Security Point of Contact (POC) within the contractor staff to interface with HUD Office of IT Security (OITS) and to respond to cybersecurity related requests.

17. The Contractor shall support and provide system security to ensure availability, confidentiality, and integrity of the HUD data applications (e.g. maintaining access control, user identification, password protection and authentication, confidentiality of customer profiles and traffic, physical and personnel security required under this PWS).

18. The Contractor shall maintain compliance with OMB Memorandum 17-12, Preparing for and Responding to a Breach of Personally Identifiable Information.

19. The Contractor shall review and update the Plan of Action and Milestones (POA&Ms) on a timeframe that is consistent with contract terms, e.g. quarterly, annual, bi-monthly, etc. and present them to HUD’s CISO for review and approval.

20. Each contractor employee working on the HUD contract shall not provide contract support until clearance is received from the HUD security background check.

https://www.hud.gov/sites/documents/RULESOFBEHAVIOR.PDF https://csrc.nist.gov/publications/sp https://www.hud.gov/sites/dfiles/OCHCO/documents/240025CIOH.pdf

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

Failure to adhere to the above requirements could result in penalties, to include a contract performance stop-work order until compliance can be demonstrated. Disregard of these requirements could also lead to other criminal, civil, administrative, and/or contract penalties.

End Clause

2452.204-70 PRESERVATION OF, AND ACCESS TO, CONTRACT RECORDS

(TANGIBLE AND ELECTRONICALLY STORED INFORMATION (ESI) FORMATS)

(DEC 2012)

(a) For the purposes of this clause--

Contract records means information created or maintained by the contractor in the performance of the contract. Contract records include documents required to be retained in accordance with FAR 4.703 and other information generated or maintained by the contractor that is pertinent to the contract and its performance including, but not limited to: email and attachments, formal and informal correspondence, calendars, notes, reports, memoranda, spreadsheets, tables, telephone logs, forms, survey, books, papers, photographs, drawings, machine-readable materials, and data. Contract records may be maintained as electronically stored information or as tangible materials. Contract records may exist in either final or any interim version (e.g., drafts that have been circulated for official purposes and contain unique information, such as notes, edits, comments, or highlighting). Contract records may be located or stored on the contractor's premises or at off-site locations.

Electronically stored information (ESI) means any contract records that are stored on, or generated by, an electronic device, or contained in electronically accessible media, either owned by the contractor, subcontractor(s), or employees of the contractor or subcontractor(s) regardless of the physical location of the device or media (e.g., offsite servers or data storage).

ESI devices and media include, but are not be limited to:

(1) Computers (mainframe, desktop, and laptop);

(2) Network servers, including shared and personal drives;

(3) Individual email accounts of the contractor's principals, officers, and employees, including all folders contained in each email account such as "inbox," "outbox," "drafts," "sent," "trash," "archive," and any other folders;

(4) Personal data assistants (PDAs);

(5) External data storage devices including portable devices (e.g., flash drive); and

(6) Data storage media (magnetic, e.g., tape; optical, e.g., compact disc, microfilm, etc.).

Tangible materials means contract records that exist in a physical (i.e., non-electronic) state.

(b) If during the period of performance of this contract, HUD becomes, or anticipates becoming, a party to any litigation concerning matters related to records maintained or generated by the Contractor in the performance of this contract, the Contracting Officer may provide the contractor with a written (either hardcopy or email) preservation hold notice and certification of

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004 compliance with the preservation hold notice. Upon receipt of the hold notice, the Contractor shall immediately take the following actions--

(1) Discontinue any alteration, overwriting, deletion, or destruction of all tangible materials and

ESI.

(2) Preserve tangible materials and ESI. The contractor shall preserve ESI in its "native" form to preserve metadata (i.e., creation and modification history of a document).

(3) Identify all individuals who possess or may possess tangible materials and ESI related to this matter, including contractor employees, subcontractors, and subcontractor employees. The contractor shall provide the names of all such individuals via email to the HUD official indicated in the notice.

(4) Document in writing the contractor's efforts to preserve tangible materials and ESI. It may be useful to maintain a log documenting preservation efforts.

(5) Complete the certification of compliance with the preservation hold notice upon receipt and return it to the identified contact person; and

(6) Upon the request of the Contracting Officer, provide the Contracting Officer or other HUD official designated by the Contracting Officer with any of the information described in this clause. The contractor shall immediately confirm receipt of such request. The contractor shall describe in detail any records that the contractor knows or believes to be unavailable and provide a detailed explanation of why they are unavailable, and if known, their location.

(c)(1) If any request for records pursuant to paragraph (b)(6) of this clause causes an increase in the estimated cost or price or the time required for performance of any part of the work under this contract, or otherwise affects any other terms and conditions of this contract, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(2) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the Contracting Officer's request made pursuant to paragraph (b)(6) of this clause. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a request submitted before final payment of the contract.

(3) Failure to agree to any adjustment shall be a dispute under the "Disputes" clause of this contract. However, nothing in this clause shall excuse the contractor from providing the records requested by the Contracting Officer.

(e) The Contractor shall include this clause in all subcontracts.

(End of clause)

2452-209-72 ORGANIZATIONAL CONFLICTS OF INTEREST (APR 1984)

a) The Contractor warrants that to the best of its knowledge and belief, and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004 situation in which the nature of work under a Government contract and a Contractor's organizational, financial, contractual or other interests are such that:

(1) Award of the contract may result in an unfair competitive advantage; or

(2) The Contractor's objectivity in performing the contract work is or might be otherwise may be impaired.

(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.

(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract for default.

(d) The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

2452.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION ( FIXED -PRICE)

ALTERNATE II (APR 2019)

(a) Payment Schedule. Payment of the contract price (see Pricing Schedule, page of the contract) will be made upon completion and acceptance of all work unless a partial payment schedule is included below:

(b) Submission of Invoices.

(1) The Contractor shall obtain access and submit invoices to the Department of Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL: www.ipp.gov in accordance with the instructions on the Web site. To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232-25, ``Prompt Payment.''

(2) To assist the government in making timely payments, the contractor is also requested to include on each invoice the appropriation number shown on the contract award document (e.g., block 14 of the Standard Form (SF) 26, block 21 of the SF-33, or block 25 of the SF-1449).

(c) Contractor Remittance Information. The contractor shall provide the payment office with all information required by other payment clauses or other supplemental information (e.g., contracts for commercial services) contained in this contract.

(d) Final Invoice Payment. The final invoice shall not be paid prior to certification by the Contracting Officer that all work has been completed and accepted.

https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_232.htm#P611_110572

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

2452.232-71 VOUCHER SUBMISSION (COST-REIMBURSEMENT, TIME-AND-

MATERIALS, AND LABOR HOUR) ALT II (APR 2019)

(a) Voucher submission.

(1) The Contractor shall obtain access and submit invoices to the Department of Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL: www.ipp.gov in accordance with the instructions on the Web site. To constitute a proper voucher, in addition to the items required by the clause at FAR 52.232-25, Prompt Payment, the voucher shall show the elements of cost for the billing period and the cumulative costs to date.

(2) To assist the government in making timely payments, the contractor is requested to include on each voucher the applicable appropriation number(s) shown on the award or subsequent modification document (e.g., block 14 of the Standard Form (SF) 26, or block 21 of the SF-33).

(b) Contractor remittance information.

(1) The Contractor shall provide the payment office with all information required by other payment clauses contained in this contract.

(2) For time-and-materials and labor-hour contracts, the Contractor shall aggregate vouchered costs by the individual task for which the costs were incurred and clearly identify the task or job.

(c) Final Payment. The final payment shall not be made until the Contracting Officer has certified that the contractor has complied with all terms of the contract.

(end of clause)

2452.237-77 TEMPORARY CLOSURE OF HUD FACILITIES. (OCT 2021)

(a)(1) The Department of Housing and Urban Development observes the following days as holidays-

New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day

Any other day designated by Federal law, Executive Order or Presidential Proclamation.

http://www.ipp.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/Far/52_232.htm#P612_110599

Contract Award Purchase of 2x10Mbps internet circuits 86615425P00004

(2) When any holiday specified in (a)(1) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed.

Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(b)(1) HUD may close a HUD facility for all or a portion of a business day as a result of-

(A) Granting administrative leave to non-essential HUD employees (e.g., unanticipated holiday);

(B) Inclement weather;

(C) Failure of Congress to appropriate operational funds;

(D) Or any other reason.

(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at…