S02 RFQ 36C26025Q0445.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

F363151-25-0001267

36C26025Q0445 04-14-2025

Matthew Combes 360-852-9883 04-21-2025

12:00 PDT

36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X 100

X

517111

1500 Employees

NET 30

N/A

X

Department of Veterans Affairs Miles City CBOC & NHCU

210 S. Winchester Miles City MT 59301

36C260

Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

Dept of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO BOX 149971

Austin TX 78714-9971

a. This requirement is for Telephone Services Base Plus 4

b. Offerors shall complete the price cost schedule for items listed in Section B.2., sign 1449 and a synopsis demonstrating an understanding of the requirement of the SOW and its implementation. Demonstrate how the vendor has the necessary organization, experience, accounting and operational controls, and technical skills, and/or the ability to obtain them to comply with SOW. Quotes that state simply that they will meet the SOW, without further detailed explanation, will not be considered responsive.

OC: Matthew Combes matthew.combes@va.gov

X X

36C26025Q0445

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...19

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.239-70 SECURITY REQUIREMENTS FOR INFORMATION

TECHNOLOGY RESOURCES (FEB 2023)

C.10 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..23

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (JAN 2025)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.5 VAAR 852.239-71 INFORMATION SYSTEM SECURITY PLAN AND

ACCREDITATION (FEB 2023)

E.6 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)(DEVIATION

FEB 2025)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C260 Network Contracting Office 20

ATTN: V4CONT

1601 E. Fourth Plain Blvd

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon delivery and acceptance

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

http://www.tungsten-network.com/us/en/

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 YR __________________ __________________

Base Year Recurring Voice services for Miles City, Glendive, and

Lewistown Montana Contract Period: Base POP Begin: 05-03-2025 POP End: 05-02-2026

Option Year One (1) Recurring Voice services for Miles City, Glendive, and Lewistown Montana Contract Period: Option 1 POP Begin: 05-03-2026 POP End: 05-02-2027

Option Year Two (2) Recurring Voice services for Miles City, Glendive, and Lewistown Montana Contract Period: Option 2 POP Begin: 05-03-2027 POP End: 05-02-2028

Option Year Three (3) Recurring Voice services for Miles City, Glendive, and Lewistown Montana Contract Period: Option 3 POP Begin: 05-02-2028 POP End: 05-02-2029

Option Year Four (4) Recurring Voice services for Miles City, Glendive, and Lewistown Montana Contract Period: Option 4 POP Begin: 05-03-2029 POP End: 05-02-2030

GRAND TOTAL __________________

B.3 STATEMENT OF WORK

Statement of Work

1.0 Scope.

1.1 General Requirements. This Statement of Work (SOW) is a comprehensive description of local exchange access services, analog and digital access transport services, and intra- Local Access Transport Area (LATA) interconnect functions the Department of Veterans Affairs requires a Contractor to be technically capable of providing in accordance with the SOW.

Specific service requirements to be currently authorized and provided at the site are identified in Appendix “A” of this solicitation. The Contractor shall provide all transmission facilities, equipment, materials, maintenance, test equipment, and design layout needed to perform and provide local access and transport services and functions at the designated demarcation point. These services shall include any special items, equipment, wiring or infrastructure to ensure the Contractor's proposed solution is compatible with the government's current infrastructure. The contractor is responsible for troubleshooting and maintaining the operation of the circuit up to its termination point. Access to the local exchange shall include operator assistance, directory assistance (DA), and emergency 911/E911 services and functions. These services shall not include residential/business services for non-Government entities or Government Contractors. Long distance services are currently being provided under the GSA Networx contract. The contractor shall follow all FCC, PUC, DVA, VHA and industry standards for this requirement.

NOTE: The definitions of the comprehensive set of services are described in this SOW even though these services may not be called out (initially) in Appendix “A”. These services may be ordered later by Site Name and the Contractor, when required, will have to provide the requested service(s) as defined below.

a. The local exchange access services are currently being provided by MID Rivers Communication.

b. The primary long-distance carrier serving the VA is under the Networx (Lumen) contract.

1.2 Competitive Economic Advantage Consideration. The local exchange or Dial Central Office services provided for under the pricing, terms, and conditions of this contract are principally intended to meet known installation service requirements and an estimate of the type of services that may be required during the term of the contract. Where the contracting officer determines usage of the contract to be cost effective and the contractor providing such services to the Government agrees and has the additional capability to provide services to other installations or agencies within the Veterans Affairs area, orders may be placed for such additional services. When an order is placed and the contractor initiates performance, all terms and conditions of this contract shall apply.

2.0 Documents. The contractor shall provide a list of applicable industry standards that shall be followed in the performance of the contract. These documents shall be made available to the Government upon request.

3.0 Requirements.

a. The Appendix “A” will identify the Local Commercial Communications Services required, including characteristics, quantities, and locations, as applicable.

b. The Telecommunications Business Office (TBO) Manager is responsible for telecommunications activities that will be identified in this SOW. the Contractor shall coordinate with the TBO prior to the installation, removal, expansion, and/or change out of equipment.

c. The Government will provide floor or wall space for the installation of the Contractor's provided transmission equipment and/or cabling.

3.1 Local Commercial Communications Services.

3.1.1 Installation and Cutover. The Contractor shall perform a site survey of the installation area. The Contractor shall develop an installation and cutover plan for provision to the Government no later than (NLT) 15 calendar days after contract award.

The Government requires 15 working days to review and provide comments/acceptance.

The Contractor shall provide a final plan, NLT 10 working days, after receipt of the Government comments. The Contractor shall not commence on-site installation and cutover until the Contractor receives a Government acceptance of the service installation and cutover plan. Installation of the initial required services for cutover of Local Commercial Communications Service requirements shall be as specified in Appendix “A”. Installation, circuit assignments, all possible/applicable testing, records' management, cutover and Government acceptance shall be completed NLT one hundred and twenty (120) days after contract award. Deviations from the final Installation Plan will be coordinated with the Government prior to any work being accomplished in the affected area. The contractor shall ensure that all circuits and service provided by the incumbent, under the prior contract, are disconnected/discontinued upon successful cutover. In the event that the contract award is made to the incumbent Contractor, no installation/cutover plans will be required.

3.1.1.1 Installation Plan. The Installation Plan shall, at a minimum, contain the following site-specific information:

a. Description of new equipment to be installed (include any site support required to support this installation).

b. Detailed location of equipment to be installed.

c. Reason equipment is being installed.

d. Floor Plan Layout (space requirements shall not exceed the area defined in paragraph 3.0c).

e. Installation schedule.

3.1.1.2 Cutover Plan. The Cutover Plan shall, at a minimum, contain the following site-specific information:

a. Conditions/Support required to be in place prior to the start of cutover.

b. A detailed listing of actions/events that must occur for successful cutover of all items identified in Appendix “A”.

c. A listing of the contractor responsibilities.

d. A listing of the incumbent contractor responsibilities.

e. A listing of Government responsibilities

3.1.2 Commercial Subscriber Lines & Exchange Access Trunks.

3.1.2.1 Commercial Subscriber Line Quality of Service (QOS). Commercial subscriber line is defined as a traditional circuit switched voice network with its own dedicated bandwidth throughout the session of connection. The contractor shall provide as a minimum Quality of Service (QOS) equal to or greater than a traditional circuit switched voice network including service availability at 99.999%. QOS for packet switched circuits must meet the following criteria:

PARAMETER REQUIRED

Bandwidth The average number of bits per second that can travel successfully through the network

>= 89.2 kbs

Latency (End-to-end delay) The average time it takes for a packet to travel the network from a sending to receiving device

<= 60 ms one way

Jitter The variation in end-to-end delay of sequentially transmitted packets

<= 5 ms

Packet Loss The percentage of transmitted packets that never reach the end termination point

<= 0.05%

REQUIRED LOCAL COMMERCIAL

COMMUNICATIONS SERVICES AT CUTOVER

Local services, required from the Contractor, are initial installation and cutover service requirements for Region 1 under the scope of this contract. The Contractor shall provide the following baseline of local commercial communications services for Region 1.

10.1 Direct-In-Dial Directory Numbers.

Customer Name BTN Service Address (CKL1) Vendor service Additional Lines (hunt sequence) Miles City

CBOC &

NHCU

210 So Winchester Miles City, MT 59301

Mid- River

T1 PRI DID range 406-874-5600 to 406-874- 5899 (300 lines)

State Veterans Home Glendive

6269600 2000 Montana Ave Glendive, MT 59330

Mid- River

Voice 406-377-4755, 406-377-4756, 406- 377-4757

Lewistown

CBOC

629 NE Main Lewistown, MT 59457

Mid- River

Voice 406-535-4790, 406-535-4791, 406- 535-4792, 406-535-4793

3.1.2.2 Commercial Subscriber Lines. The Contractor shall provide subscriber lines as specified in Appendix “A”. Local exchange access, as applicable, shall include commercial subscriber lines and foreign exchange (FX) lines.

3.1.2.3 Commercial Subscriber Line Basic Service (BS). BS of a line, as a minimum, shall include the following:

Required:

• d ia l tone

• direct inward dialing

• direct outward dialing

• Dual Tone Multi-Frequency (DTMF)

• local exchange and long-distance accesses

• equal access

• call blocking for Numbering Plan Area (NPA) 900 and 976

• E911/911 services, where available

• service disconnect with referral service (the referral service shall be at least three

(3) months after a customer has been moved, changed, or disconnected

• block Directory Assistance Call Completion (DACC)

• block third party billing Toll free access

• Toll free access

Optional:

• operator assistance (0+ & 00+)

• Directory Assistance (DA)

• non-published directory number

3.1.2.4 Commercial Subscriber Line Optional Features. The Contractor shall provide optional line features as specified in Appendix “A”. An optional feature could be an individual feature or a group of features.

3.1.2.5 Subscriber Line Relocation. The Contractor shall perform subscriber line relocation(s) and shall provide information needed for database updates for enhanced 911 service purposes when requested.

3.1.2.6 Exchange Access Trunks. The Contractor shall provide local exchange access service circuits for local trunks as specified in Appendix “A”.

3.1.2.7 Exchange Access Trunks BS. BS of an (local or FX) access trunk, as a minimum, shall include the following:

• call blocking for Numbering Plan Area (NPA) 900, and 976

• direct inward dialing directionalities

• direct outward dialing directionalities

• two-way dialing directionalities

• channelization of digital trunks (as specified by work order)

• trunk busy tones

• DTMF, MF 2/6 and dial pulse (DP) address signaling

• access services

• trunk and/or trunk group establishment

• automatic trunk member selection (sequential, linear, most idle, etc.)

• automatic trunk group alternate route selection

• Tol l free access

Access to and selection of the members within the trunk group between two telephone switching systems must be coordinated to provide optimum member selection and minimize glare conditions. When two or more trunk groups are established to provide services between the switching systems, the alternate route selection from one trunk group to the next provides user’s access to these trunk groups in a coordinated and predetermined routing sequence. The selection of members within a trunk group and the alternate route selection of two or more trunk groups are included as basic functions of trunks and their access.

3.1.3 Transport Services. The Contractor shall provide local exchange transport channel services as specified in Appendix “A”. Local transport channel services include transport channel termination and transmission support, as applicable, for analog lines, ISDN lines, alarm circuits, data circuits up to 64 Kbps or aggregate N x 64 Kbps, High Capacity Data Subscriber Line (HDSL), Digital Signal level 1 (DS-1), DS-3, Optical Carrier Signal level 1 (OC-1), OC-3, and may be expanded to OC-12, OC-24, OC-48 and OC-192.

3.1.4 Circuit Termination. Circuit termination at the Government installation includes the Main Distribution Frame (MDF) for analog signals, metallic cable pairs, Digital Signal Cross- Connect (DSX)-1 patch, cross connect panel for T-1 circuits, DSX-3 for electrical T-3 circuits, fiber optic patch and cross connect panels for optical interface equipment such as the optical carrier or SONET systems, optical multiplexer equipment, and Cat 3/5/6 RJ- 45 jack fields. Other wall-mounted, punch-down, terminal blocks are used for isolation and termination of Contractor metallic facilities. The Contractor shall ensure that all circuits are clearly tagged in a permanent manner with the circuit identification number or telephone number assigned to the circuit, and the work order number. The contractor shall be responsible to provide all equipment, facilities and wiring up to the government demarcation point as specified in Appendix “A”.

3.1.4.1 Analog and Low Data Rates. The Contractor shall terminate the analog and lower rate data circuits to the Contractor-provided terminal blocks. The Government shall provide frame space on the MDF for the installation of the Contractor provided protector vertical and horizontal blocks. All outside plant copper cables entering the demarcation location must be electrically protected (grounded, terminated on protector modules, etc.).

3.1.4.2 High Data Rates. The Contractor shall properly terminate digital circuits to the Contractor provided DSX-1, DSX-3, or fiber optic patch panel.

3.1.4.3 Circuit Testing. The Contractor shall provide the test results to the TBO after a new circuit is tested, approved, and activated. The notification shall be in a written or verbal format at the discretion of the TBO. The parameters of the circuit characteristics shall be documented in the Customer Service Records.

3.1.5 Local Exchange Access and Service Areas. The Contractor shall provide Hat rate (FR) services within local calling areas. FR services apply for both lines and trunks. The local exchange access service areas shall, as a minimum, include the areas/zones coverage as currently defined by the incumbent local service provider(s) and/or the State Public Utilities Commission (PUC) for Region 1 and shall be applied under the scope of this contract.

When the Contractor provides services to a Government installation, the LATA boundary shall not be limited or restricted to a Contractor's service area. Connection to intra-LATA exchange areas and with inter-LATA exchange carriers is required. Access to the local exchange shall include Operator Assistance, Directory Assistance, and 911 services and functions.

3.1.6 Number Portability. The Contractor shall provide number portability for commercial subscriber lines and local exchange direct-in-dial (DID) directory numbers. The consistent use of the same prefix exchange and directory numbers provides the Government installation with its commercial identity. The Government installation is also serviced by other Government switched networks (e.g., the Federal Telephone Service (FTS), and the Defense Switched Network (DSN)). These networks provide DID trunks and are directly dependent on the mutually assigned DID number to terminate into stations on the installation. Local exchange number portability and DID number growth is a critical factor in the ability of a government installation to support its personnel and its missions. The Contractor shall comply with the Federal Communications Commission (FCC), and the State Public Utility Commission (PUC) mandates for number portability.

3.2 Demarcation. The demarcation points shall be as specified in Appendix “A” of this

SOW.

3.2.1 Circuit Extension. The Contractor shall provide circuit extension of a local communications service or circuit beyond the established demarcation to a user designated termination point when required by the government.

3.2.2 Circuit Termination. Circuit termination shall include transmission equipment, termination hardware, and circuit conditioning equipment required to extend a circuit to a user location.

NOTE: Government data networks and end equipment will not be available for contractor use.

3.2.3 Contractor Owned/Leased Transport Cable. When Government cable is not available, the Contractor shall provide the circuit transport mileage by using the existing cable, either owned or leased from a third party, for a circuit extension.

3.2.4 Contractor Equipment and Cable Installation. The Contractor shall provide and install transmission equipment and cables for local exchange access and transport service circuits to the Government provided floor space at the demarcation location(s). The Contractor shall coordinate with the TBO for compliance with local procedures and requirements for equipment and cable installation. The Contractor shall install equipment and cables in accordance with national and local safety codes. The Contractor shall be responsible for wiring and connecting to Government provided power connection points, ground master connection points, and termination frames for terminal blocks. The Contractor shall coordinate with the TBO for installation details.

3.3 Restoration of Service and Maintenance. The Contractor shall respond and restore service outages. From the time of receipt of the notification, the Contractor shall respond within the time limits as indicated below to discuss the outage issue. If it is determined by the Contractor that the outage restoration time frames cannot be met, the Contractor will contact the TBO. The Contractor shall respond to the Government within one (1) hour of notification.

3.3.1 Emergency Outage. The TBO can declare any outage as an emergency outage if an outage significantly affects the mission of the Government installation. Restore service within two (2) hours from the time the Contractor responds to the Government's notification.

3.3.2 Catastrophic Outage. Restore service within six (6) hours from the time the Contractor responds to the Government's notification.

3.3.3 Serious Outage. Restore service within twelve (12) hours from the time the Contractor responds to the Government's notification.

3.3.4 Routine Outage. Restore service within one (1) calendar days from the time the Contractor responds to the Government's notification.

3.4 911 Services. All 911 calls (including those from commercial subscriber lines) are routed to the Local city Police and Fire Departments. Emergency service assistance shall be provided for the hearing impaired.

3.5 Public Listings. The Contractor shall provide public listings, cross reference listings, and foreign listings for the Government installation. The listings shall be listed in the Government section and/or alphabetical section. The Contractor shall coordinate with the TBO to obtain a list and the contents of the Public Listings. The contents of each cross-reference listing shall, as a minimum, include the organization title and a referral statement to the appropriate Government Agency. All other listings shall, as a minimum, include the Government title, organization title, address and phone number.

3.6 Telephone Directories. The Contractor shall provide local telephone directories in printed and electronic formats.

3.7 Service Orders. From the time of receipt of the work order, the Contractor shall complete the work order within the specified time limits. The work orders will be determined by the TBO as emergency, priority, or routine services.

3.7.1 Emergency Services. The Contractor shall complete work orders within one (1) calendar day.

3.7.2 Priority Services. The Contractor shall complete work orders within five (5) calendar days.

3.7.3 Routine Services. The Contractor shall complete work orders within ten (10) calendar days.

3.8 Traffic Analysis. The Contractor shall perform traffic measurement and traffic analysis as required.

3.8.1 Traffic Analysis for City Trunks. The Contractor shall perform traffic analysis for city trunks as required. The Contractor shall provide a report NLT 15 calendar days after the Government request of the traffic study.

3.8.1.1 The Traffic Analysis for City Trunks report shall provide data concerning the use and congestion of the city trunks and will be used to determine whether the city trunks provide adequate traffic capacity and whether existing facilities are adequate.

3.8.1.2 The Traffic Analysis for City Trunks report shall provide printed, tabulated data from the traffic measuring system and shall provide measurements for seven (7) consecutive business days, on an hourly basis, unless a shorter interval is requested.

3.8.1.3 The Traffic Analysis for City Trunks report shall contain an analysis of the traffic measurements and recommendations based on the analysis. Recommendations shall address expansion/reduction of the city trunks. The report shall, as a minimum but not limited to, include trunk group name, trunk group number, trunk type, working quantity within each group, average busy hour for 2-way/incoming/outgoing trunks, average usage in CCS or Erlangs, current grade of service at average usage, number of trunks recommended for each trunk group at a P.1 grade of service.

3.8.2 Traffic Analysis for Higher Bandwidth Transport Circuits. The Contractor shall perform traffic analysis for higher bandwidth transport circuits as required. The Contractor shall provide a report NLT 15 calendar days after the Government request of the traffic study.

3.8.2.1 The Traffic Analysis for Higher Bandwidth Transport Circuits report shall provide data concerning the use and congestion of the transport system and will be used to determine whether the transport system provides adequate traffic capacity and whether existing facilities are adequate.

3.8.2.2 The Traffic Analysis for Higher Bandwidth Transport Circuits report shall provide printed, tabulated data from the traffic measuring system.

3.8.2.3 The Traffic Analysis for Higher Bandwidth Transport Circuits report shall contain an analysis of the traffic measurements and recommendations based on the analysis.

Recommendations shall address expansion of the transport system hardware and software and shall be specific for the transport type being analyzed. The report shall, as a minimum but not limited to, include transport circuit name (ID), description of transport circuit, circuit type (voice, data, point-to-point, broadcast, packet switch, frame relay, SONET, ATM, etc.)

transmission rate (DS1, DS3, STS1, OC1, OC-3, OC-12, OC-24, OC-48, etc.) average maximum usage bandwidth, average minimum usage bandwidth, and average usage bandwidth.

3.9 Customer Service Records. The Contractor shall update customer service records no later than ten (10) working days after a service ordered has been activated and provided to the TBO in electronic format.

3.9.1 Contractor format for the Customer Service Records (CSR) is acceptable; however, the following information is required for each type of service circuit.

3.9.1.1 Direct-in-dial (DID) numbers: NPA-NXX-XXXX, non-recurring costs, and monthly recurring costs.

3.9.1.2 Subscriber Lines: User name/office symbol, user address, directory number, demarcation location, description of service type for each item or sub-item, optional features provided quantity, non-recurring costs, monthly recurring costs, and activity date.

3.9.1.3 Trunks: Description of trunk/trunk group ID (DID, DOD, FEX, etc.), trunk access number (NPA-NXX-XXXX) demarcation location, trunk type (IC, OG, 2-way, 2-wire, 4-wire, etc.), digital (number of channels equipped) or analog, signaling type (loop, E&M, SF, ESF, etc.), address signaling (DTMF, MF 2/6, PRI, SS7, DP, NP, etc.), start dial signaling (GndSt, IM, DD, WS, etc.), answer supervision (loop, E&M, PRI, etc.), quantity, non-recurring costs, monthly recurring costs, and activation date.

3.9.1.4 Transport circuit: Description of transport circuit/ID (circuit name), circuit type (voice, data, point-to-point, broadcast, packet switch, frame relay, SONET, ATM, etc.)

transmission rate 2.4/4.8/9.6/14.4/19.2/28.8/56/64 kbps and 10/100/1000 mbps, DS1/T1, DS2, DS3, STS1, 0C1, 0C12, 0C24, 0C48, etc.), demarcation location, quantity, non-recurring costs, monthly recurring costs, and activation date.

3.9.2 The CSR will also include a total monthly cost for all services.

3.9.3 The Contractor shall provide one copy of all Customer Service Records to the TBO NLT 30 calendar days following initial service cutover. After initial submission, the Contractor shall provide one copy of Customer Service Records annually or upon request.

3.10 Diversity/Diverse Routing. As request,

3.11 Contract Management.

3.11.1 Meetings. The Contractor's project manager shall be available from Monday to Friday, between 7:00 am to 5:00 pm local time, to meet the TBO on-site for technical interchange discussions. A meeting will be scheduled within ten (10) business days for a routine service requirement, five (5) business days for an essential service requirement that may need special attention, or two (2) business days for a mission essential requirement needing immediate attention.

3.11.2 Region 1 COR Information: Region 1, Telecommunication Business Office (TBO), Department of VA Phoenix ATTN: IRM/TBO, 650 E. Indian School Rd. Phoenix, AZ. 85012

12 March 2007

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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

(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. 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 Federal Acquisition Regulation (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 of 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 FAR 32.608-2 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; 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

(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) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

C.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 within 30 days.

(End of Clause)

C.4 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; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(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 one (1) year.

(End of Clause)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022) The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.7 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB

2023)

(a)…