RFP.No.SIZ10017R0005_Approved.pdf

RFP No.: SIZ10017R0005

TABLE OF CONTENTS

Section 1 - The Schedule

SF 1449 cover sheet

Continuation To SF-1449, RFP Number SIZ10017R0005, Prices, Block 23

Continuation To SF-1449, RFP Number SIZ10017R0005, Schedule Of Supplies/Services, Block 20

Description/Specifications/Work Statement

Attachment 1 to Description/Specifications/Performance Work Statement, Government Furnished

Property

Exhibit A – List of Premium Satellite English Channels

Section 2 - Contract Clauses

Contract Clauses

Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12

Section 3 - Solicitation Provisions

Solicitation Provisions

Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12

Section 4 - Evaluation Factors

Evaluation Factors

Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12

Section 5 - Representations and Certifications

Offeror Representations and Certifications

Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

PR6445236

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

SIZ10017R0005

6. SOLICITATION ISSUE DATE

09/20/2017

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Ramon R. Taruc, Contracting Officer via e-mail address:

BaghdadGSOProcurement@state.gov

b. TELEPHONE NUMBER(No collect calls)

8. OFFER DUE DATE/ LOCAL

TIME

10/30/2017 – 17:00

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

General Services Office/Procurement SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

U.S. Embassy – Baghdad

Al Kindi Street, Baghdad International Zone

HUBZONE SMALL

BUSINESS

(WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM NAICS:

Baghdad, Republic of Iraq SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

EDWOSB

8 (A) SIZE STANDARD:

11. DELIVERY FOR FOB DESTINAT-

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

See Continuation To SF-1449

BaghdadGSOProcBid@state.gov

General Services Office

U.S. Embassy – Baghdad

Al Kindi Street, Baghdad Internaitonal Zone

Baghdad, Republic of Iraq BaghdadGSOProcBid@state.gov

17a. CONTRACTOR/OFFERER

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY

Financial Management Office

U.S. Embassy – Baghdad

Al Kindi Street, Baghdad Internaitonal Zone

Baghdad, Republic of Iraq

BaghdadVendorInvoice@state.gov

CODE

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.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Continuation To SF-1449, Block 23 and

Block 20,Description/Specifications/Work

Statement

(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 __2__ COPIES TO ISSUING

OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR

OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE 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 STANDARD FORM 1449 (REV. 02/2012)

PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212 http://ilmsariba.state.sbu/Buyer/Main/aw?awh=r&awssk=kNtU&dard=1 mailto:BaghdadGSOProcurement@state.gov mailto:BaghdadGSOProcBid@state.gov mailto:BaghdadGSOProcBid@state.gov mailto:BaghdadVendorInvoice@state.gov

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NO.

39. S/R VOUCHER NO. 40. PAID BY

41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41C. DATE

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449

RFP NUMBER SIZ10017R0005

PRICES, BLOCK 23

I. SCOPE OF CONTRACT

The contractor shall provide Satellite Television Channels Broadcasting Services for the U.S. Embassy Baghdad, the U.S.

Baghdad Diplomatic Support Center (BDSC), the U.S. Consulate General in Basrah and the U.S. Consulate General in

Erbil, in accordance with SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20, DESCRIPTION/SPECIFICATIONS/WORK STATEMENT. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-3 and 52.228-5), overhead, and profit.

II. TYPE OF CONTRACT

This is a firm-fixed-price contract to provide Satellite Television Channels Broadcasting Services.

The Government will pay the Contractor on a monthly basis for all the services delivered by the contractor in compliance with the terms and conditions of the contract.

III. PERIOD OF PERFORMANCE

The contract will be for a one-year period, effective from the date of the “Notice to Proceed” letter of the awarded contract and continuing for a period of 12 months, with four one-year options to extend the terms of the contract.

IV. PRICING

The prices are stated in _________________ (offeror insert currency). The Government will make payment in the stated currency by Electronic Funds Transfer (EFT) within 30 calendar days after receipt of the proper invoice.

In consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid a firm fixed-price (FFP).

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

1. BASE YEAR

1.1. Fixed Price/Fixed Quantity Service Schedule

Item No.

20. Schedule of Supplies/Services 21.

Qty

22.

Unit

23. Unit Price

24.

Amount

(21. x 23.)

24a.

Months

24b.

Extended Amount

(24. x 24a)

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Embassy Compound in Baghdad (see

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels at the BDSC (see

Viewing

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Monthly Broadcast of 30 Satellite Television Channels to the receiving point at the U.S. Consulate General in Basrah (see CONTINUATION TO SF-1449, BLOCK

20, DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Consulate General in Erbil (see CONTINUATION TO

SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT.)

Viewing Point

TOTAL BASE YEAR

2. OPTION YEAR ONE

2.1. Fixed Price/Fixed Quantity Service Schedule

Item No.

20. Schedule of Supplies/Services 21.

Qty

22.

Unit

23.

Unit Price

24.

Amount

(21. x 23.)

24a.

Months

24b.

Extended Amount

(24. x 24a)

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Embassy Compound in Baghdad (see

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing

Television Channels at the BDSC (see

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels to the receiving point at the U.S. Consulate General in Basrah (see CONTINUATION TO SF-1449, BLOCK

20, DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Consulate General in Erbil (see CONTINUATION TO

SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT.)

Viewing Point

TOTAL OPTION YEAR ONE

3. OPTION YEAR TWO

3.1. Fixed Price/Fixed Quantity Service Schedule

No.

20. Schedule of Supplies/Services 21.

Qty

22.

Unit

23.

Unit Price

24.

Amount

(21. x 23.)

24a.

Months

24b.

Extended Amount

(24. x 24a)

Monthly Broadcast of 30 Satellite Television

Channels at the U.S. Embassy Compound in

Baghdad (see CONTINUATION TO SF-1449, BLOCK 20, DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing

Television Channels at the BDSC (see

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels to the receiving point at the U.S. Consulate General in Basrah (see CONTINUATION TO SF-1449, BLOCK

20, DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Consulate General in Erbil (see CONTINUATION TO

SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT.)

Viewing Point

TOTAL OPTION YEAR TWO

4. OPTION YEAR THREE

4.1 Fixed Price/Fixed Quantity Service Schedule

Item No.

20. Schedule of Supplies/Services 21.

Qty

22. Unit

23. Unit

Price

24.

Amount

(21. x 23.)

24a.

Months

24b.

Extended Amount

(24. x 24a)

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Embassy Compound in Baghdad (see

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing

Television Channels at the BDSC (see

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels to the receiving point at the U.S. Consulate General in Basrah (see CONTINUATION TO SF-1449, BLOCK

20, DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Consulate General in Erbil (see CONTINUATION TO

SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT.)

Viewing Point

TOTAL OPTION YEAR THREE

4. OPTION YEAR FOUR

5.1. Fixed Price/Fixed Quantity Service Schedule

No.

20. Schedule of Supplies/Services 21.

Qty

22.

Unit

23.

Unit Price

24.

Amount

(21. x 23.)

24a.

Months

24b.

Extended Amount

(24. x 24a)

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Embassy Compound in Baghdad (see

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing

Television Channels at the BDSC (see

CONTINUATION TO SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels to the receiving point at the U.S. Consulate General in Basrah (see CONTINUATION TO SF-1449, BLOCK

20, DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT)

Viewing Point

Monthly Broadcast of 30 Satellite Television Channels at the U.S. Consulate General in Erbil (see CONTINUATION TO

SF-1449, BLOCK 20,

DESCRIPTION/SPECIFICATIONS/WORK

STATEMENT.)

Viewing Point

TOTAL OPTION YEAR FOUR

GRAND TOTAL PRICE: The grand total price for the base period and all option years is as follows:

Base Year

Option Year One

Option Year Two

Option Year Three

Option Year Four

Grand Total

CONTINUATION TO SF-1449,

RFP NUMBER SIZ10017R0005

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

V. PERFORMANCE WORK STATEMENT

The purpose of this firm-fixed price contract is to provide Satellite Television Channels Broadcasting Services for the U.S. Mission in the Republic of Iraq.

1. Background

1.1. The U.S. Government has existing cable television headend facilities and cable hubs that are capable of receiving direct broadcast satellite television signals at the U.S. Embassy Baghdad, the U.S. Baghdad Diplomatic

Support Center (BDSC), the U.S. Consulate General in Basrah and the U.S. Consulate General in Erbil. Each site is capable of transmitting the headend signals via existing cable infrastructure.

1.2. The U.S. Government has personnel able to maintain the existing cable television headend facilities and cable hubs.

1.3. The maximum quantity of “viewing points” to receive the aggregated satellite television channels at each site:

U.S. American Embassy Compound in Baghdad: 2000

U.S. American Consulate General in Basrah: 1500

U.S. Baghdad Diplomatic Support Center: 1500

U.S. American Consulate General in Erbil: 500

2. Definitions

2.1. “Signal” means cable television information transmitted via satellite.

2.2. “Headend” means equipment which receives signals and transmits television channels.

2.3. “Receiving Point” means headend equipment that can receive broadcasted signals.

2.4. “Receiver” means a device that receives incoming signals

2.5. “Viewing Point” means a mounted receptacle able to receive signals transmitted from the receiving point.

2.6. “Broadcast” means signal transmission.

2.7. “Cable Television Headend Facility” means a facility designed to receive and distribute signals via a cable television network.

2.8. “Premium” satellite TV channel means a channel that is not a free-to-air broadcast.

2.9. “Billing Cycle” means a 30-calendar day timeframe.

3. Required Services

3.1. The contractor shall provide a package of 30 English premium satellite television channels to broadcast through a satellite television signal to the cable television headend facilities at the U.S. Embassy Baghdad, the U.S.

https://en.wikipedia.org/wiki/Television

Baghdad Diplomatic Support Center (BDSC), the U.S. Consulate General Basrah and the U.S. Consulate General

Erbil in Republic of Iraq.

3.2. The contractor shall be a prime satellite television provider with the appropriate licenses, patents, data, copyrights, and other intellectual property rights to broadcast Premium Satellite English Channels in Iraq.

3.3. The contractor shall provide at a minimum the following broad categories of premium satellite TV programs:

24-hour News

Sports

Movies

General Entertainment

Educational

3.4. The Contractor shall respond to routine calls related to customer service inquiries during the normal U.S.

Government operating hours from 0800 (-3 GMT) through 1800 (-3 GMT), Sunday through Thursday. The

Contractor shall respond to emergency calls 24/7 for prompt restoration of impaired television signal connectivity or lost channel or any type of outage impeding the television signal and channels reception. The contractor shall provide the embassy designated personnel with technical solution to restore the service connectivity within two hours or less. For any possible service interruptions enduring beyond the maximum of two hours to restore the service the contractor shall provide a television channel alteration similar in content for a temporary period not to exceed 24 hours.

3.5. The contractor’s technician shall speak English or the contractor shall provide a translator present during the service call.

3.6. The Contractor shall provide a replacement warranty against defects on all supplies and materials delivered for a minimum period of 6 months.

3.7. The Contractor shall provide service 95% availability per channel within a billing cycle. Down time or time without service of 5% or greater per channel within a billing period will be reimbursable/creditable to the

Embassy by a deduction implemented on the invoice submitted for services for the affected period.

3.8. The Contractor shall immediately notify the Contracting Officer of any service changes that are more than administrative changes that will impact signal, channel lineup or quality of service and/or provide notices of such causes. In such cases the Contractor shall provide a replacement channel of the same category or channel package description.

4. Premium Satellite English Channels

4.1. The contractor shall provide a broad list of Premium Satellite English Channels that shall be available for the

U.S. Government to select the required 30 channels at the Government’s option, and shall be available for replacements at any time should the U.S. Government request for channel replacements within the 30 channel lineup (see Exhibit A).

4.2. The contractor shall provide stable connectivity of channels at all time. The contractor shall be capable of maintaining stable broadcasts remotely.

VI. INVOICING

(a) The Contractor shall submit monthly invoices to the COR at the address shown in paragraph D below. A proper invoice shall include the following information:

Contractor's name and bank account information for payments by wire transfers

Invoice Date

Contract number

Name, title, phone number, and address of person to contact in case of defective invoice

(b) If an invoice does not contain the above information, the Government reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendars days. The Contractor shall then submit a proper invoice.

(c) The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual Government agency. That agency representative will review the detailed invoice and either approve for payment or advise the COR of the inaccuracies found. It shall be the COR who will interact with the Contractor on any invoice problems.

(d) The contractor shall send all invoices to the following address:

Financial Management Office, U.S. American Embassy – Baghdad, Al Kindi Street, International Zone, Baghdad, Iraq

Or by electronic means in Acrobat PDF format to the following email address: BaghdadVouchers@state.gov and/or to BaghdadGSOProc@state.gov, attn: name of COR

(e) Payment will be made by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice.

VII. KEY PERSONNEL

1. The contractor shall assign in writing a Project Manager who shall be able to converse in English and Arabic.

The Project Manager or her/his designee shall be the primary point of contact between the contractor and the U.S. Mission Iraq sites listed under Par. V.

2. During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the

Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions.

3. After the first 90 days of performance, the Contractor may substitute a key person if the contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately.

Prior to making the substitution, the Contractor will provide the information required below to the Contracting

Officer.

4. The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Government will modify the contract to reflect any changes in key personnel.

VIII. PERMITS

Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required to perform the work under this contract. The contractor shall obtain these permits, licenses, and appointments in compliance with applicable laws of the United States and Republic of Iraq.

The contractor shall always have in its possession all valid mailto:BaghdadVouchers@state.gov mailto:BaghdadGSOProc@state.gov licenses, patents, data, copyrights, and other intellectual property rights to broadcast Premium Satellite English Channels in Iraq.

IX. DISCLOSURE OF INFORMATION

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.

X. TECHNOLOGICAL REFRESHMENT

After contract award, the Government may pursuant to FAR clause 52.212-4, Contract Terms and Conditions –

Commercial Items, paragraph (c), changes, and request changes within the scope of the contract. These changes may be required to improve performance, or react to changes in technology.

The contractor may propose for the Government’s technological refreshment substitution or addition for any provided product(s) or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has or has not formally announced for marketing purposes.

This action is considered to be within the scope of the contract. At the option of the Government, a demonstration of the substitute product may be required. The Government is under no obligation to modify the contract in response to the proposed additions or substitution.

Such substitution or additions may include any part of, or all of, a given product(s) provided that the following conditions are met and substantiated by documentation in the technological refreshment proposal:

(a) The proposed product(s)/service(s) shall meet all of the technical specifications of this document and conform to the terms and conditions cited in the contract.

(b) The proposed product(s) /service(s) shall have capacity, performance, or functional characteristics equal or greater than the current product(s)/service(s).

(c) The proposal shall discuss the impact on hardware, services and delivery schedules. The cost of changes not specifically addressed in the proposal shall be borne entirely by the contractor.

(d) Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Government. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment increasing or decreasing the contract price may be required and any other affected provisions of this contract shall be made in accordance with this clause, the Changes clause, and other applicable clauses of the contract.

XI. SURVIVABILITY AND RECOVERY

The contractor shall have a working system of a backup network in case of emergencies when regular networks may be jammed or when parts of the regular network are inoperable.

The contractor shall have a recovery plan in place that shall deal with such occurrences.

XII. QUALITY ASSURANCE PLAN (QAP)

This plan is designed to provide an effective surveillance method to promote effective contractor performance. The QAP provides a method for the Contracting Officer's Representative (COR) to monitor contractor performance, advise the contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance.

The contractor, not the Government, is responsible for management and quality control to meet the terms of the contract.

The role of the Government is to conduct quality assurance to ensure that contract standards are achieved.

Performance Objective PWS Para Performance Threshold Services.

Performs all set forth in the performance work statement (PWS)

PERFORMANCE

WORK STATEMENT

All required services are performed and no more than one (1) customer complaint is received per month

SURVEILLANCE

The COR will receive and document all complaints from Government personnel regarding the services provided. If appropriate, the COR will send the complaints to the Contractor for corrective action.

STANDARD

The performance standard is that the Government receives no more than one (1) customer complaint per month. The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212.4, Contract Terms and Conditions-Commercial Items (May 2001), if any of the services exceed the standard.

When the Contractor fails to provide the services at the acceptable quality performance standards required by this contract, the Government shall apply deductions for the services described in Article IV PRICING. The Contracting Officer will make final determination as to whether downtime is the fault of the Contractor. If requested by the Contracting Officer, the Contractor shall provide documentation to support claims of excusable downtime. For downtime determined to be the Contractor’s fault, the Contracting Officer may elect to assess a credit for each instance of non-performance.

The Government contemplates to assess the Contractor’s performance based on a required 95% availability per channel within a billing cycle.

If One (1) channel x 24 hours x billing cycle (30 calendar days) = 720 hours is equal to100% availability, therefore 95% equals 684 minimum required hours per channel within a billing cycle.

The calculation is implied to measure channel disruptions and outages for billing purposes. Cost of each channel with uninterrupted transmissions below 95% per billing cycle will be deducted from the actual monthly invoice.

PROCEDURES

(a) If any Government personnel observe unacceptable services, either incomplete work or required services not being performed they should immediately contact the COR.

(b) The COR will complete appropriate documentation to record the complaint.

(c) If the COR determines the complaint is invalid, the COR will advise the complainant.

The COR will retain the annotated copy of the written complaint for his/her files.

(d) If the COR determines the complaint is valid, the COR will inform the Contractor and give the Contractor additional time to correct the defect, if additional time is available. The COR shall determine how much time is reasonable.

(e) The COR shall, as a minimum, orally notify the Contractor of any valid complaints.

(f) If the Contractor disagrees with the complaint after investigation of the site and challenges the validity of the complaint, the Contractor will notify the COR. The COR will review the matter to determine the validity of the complaint.

(g) The COR will consider complaints as resolved unless notified otherwise by the complainant.

(h) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the

Contracting Officer for appropriate action under the Inspection clause.

XIII. RECRUITMENT OF THIRD COUNTRY NATIONALS FOR PERFORMANCE ON

DEPARTMENT OF STATE CONTRACTS (February 28, 2012)

1. On contracts exceeding $150,000 where performance will require the recruitment of non-professional third country nationals, the offeror is required to submit a Recruitment Plan as part of the proposal. Contractors providing employer furnished housing are required to submit a Housing Plan.

2. Recruitment Plan

a. State the anticipated number of workers to be recruited, the skills they are expected to have, and the country or countries from which the contractor intends to recruit them.

b. Explain how the contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. Provide sample recruitment agreement in English.

d. State in the offer that the recruited employee will not be charged recruitment or any similar fees. The contractor or employer pays the recruitment fees for the worker if recruited by the contractor or subcontractor to work specifically on

Department of State jobs.

e. State in the offer that the contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the contractor has read and understands the requirements of FAR 52.222-50 Combating

Trafficking in Persons.

g. Contractor and subcontractors shall only use bona fide licensed recruitment companies. Recruitment companies shall only use bona fide employees and not independent agents.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

3. The offeror will submit a Housing Plan if the contractor intends to provide employer furnished housing for TCNs. The

Housing Plan must describe the location and description of the proposed housing. Contractors must state in their offer that housing meets host country housing and safety standards and local codes or explain any variance. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor

Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver.

Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

4. Department of State contractor and subcontractors will treat employees with respect and dignity by taking the following actions:

a. Contractor may not hold employee passports and other identification documents longer than 48 hours without employee concurrence. Contractors and subcontractors are reminded of the prohibition contained in Title 18, United

States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person’s liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

b. Contractor shall provide employees with signed copies of the/their employment contracts, in English and the employee’s native language, that define the terms of employment, compensation, job description, and benefits. Contracts must be provided prior to employee departure from their countries of origin.

c. Contractor shall provide all employees with a “Know Your Rights” brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at http://www.state.gov/g/tip or from the Contracting Officer.

d. Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating Trafficking in Persons including the requirements against commercial sex even in countries where it is legal and shall provide a copy of the briefing to the Contracting Officer Representative (COR).

e. Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company’s obligation to report to the Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email at

OIGHOTLINE@STATE.GOV.

f. Contractor and subcontractors shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract performance.

g. Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 Combating Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to contractor and subcontractor personnel, records, and housing for audit of compliance with these requirements.

h. The contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country national for subcontractor performance.

LIST OF ATTACHMENTS

Exhibit A – List of Premium Satellite English Channels

Exhibit A

CHANNELS / PACKAGES / CATEGORIES

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (JAN 2017), is incorporated by reference (see SF-1449, Block 27A)

“None”

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

COMMERCIAL ITEMS (JAN 2017)

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

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

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282)

(31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

_X_ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008)

(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016)

(E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

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__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-

78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

_X_ (50) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

__ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of…