CDC_internet_Solicitation_Amendment_1_March_1st.doc.docx

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

2. AMENDMENT/MODIFICATION NO.

A001

3. EFFECTIVE DATE

6. ISSUED BY CODE

7. ADMINISTERED BY (If other than Item 6) CODE

American Embassy United Nations Avenue, Gigiri P.O. Box 606-00621 Nairobi

8. NAME AND ADDRESS OF CONTRACTOR (NO., street,city,county,State,and ZIP Code)

Prospective Offeror

SKE50017R0006

9b. DATED (SEE ITEM 11) 2/24/17

10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning ___3____ copies of the amendment;(b) By acknowledging receipt of this amendment on each copy of the offer submitted; or(c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers.

FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor [ ] is not, [ ] is required to sign this document and return __ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amending solicitation SKE50017R0006 to delete the workers compensation insurance Defense Base Act (DBA) clause in section 1 pricing item 2.2, 2.3.8 base year prices, 2.4.8 first option year, 2.5.8 second option year prices, in the scope of work section ii general item p.8, clause 652.232-70 c, section 3.

Note: The DBA FAR clause 52.228-3 remains in section 2 clauses addendum to contract clauses of the solicitation, .

The submission date of the proposal has been extended from March 27, 2017, 4.00pm to March 29th, 2017 at 4.00pm.

The rest of the solicitation remains the same.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

16A. NAME OF CONTRACTING OFFICER

Wendy M. Washington

15B. NAME OF CONTRACTOR/OFFEROR

16B. UNITED STATES OF AMERICA

SF30

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFP Number SKE50017R0006 Prices, Block 23

· Continuation To SF-1449, RFP Number SKE50017R0006,Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

· Attachment 1 to Description/Specifications/Statement of Work, Government furnished Property

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 - Offeror Representations and Certifications

· Offeror Representations and Certifications

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449,

RFP NUMBER SKE50017R0006

PRICES BLOCK 23

I. SCOPE OF SERVICES

The Contractor shall provide Internet Services, MPLS Circuitry and Installation for The Centers for Disease Control (CDC) Kenya Nairobi and Kisumu Campuses. These services should include furnishing all labor, material and services, unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price listed below shall include all labor, materials, overhead, and profit. In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm fixed-price for all services.

II. BASE PERIOD

The contract will be for a one-year (1) period from the date of the contract award and a notice to proceed with two (2) option years.

1. The Contractor shall furnish all engineering, labor, tools, materials, supplies and services to provide the required circuit as specified under Section 1, hereof:

2. PRICING

In consideration of satisfactory performance of the services required under this contract, the Contractor shall be paid a firm fixed-price (FFP) per month as stated in the schedule:

2.1. Currency.

The prices are stated in __________________ currency (offeror insert currency type.) Local offerors shall offer in local currency. Payment will be made in the stated currency.

2.2 BASE YEAR PRICES

Contract Line Item #

Total Firm-Fixed Price

Nairobi HQ Internet - [KEMRI Campus, Mbagathi]. One (1) dedicated Internet channel at minimum 20,480 Kbps (20Mbps) providing fault tolerance in the last mile. HSRP protocol is required.

Providing fault tolerance in the last mile. HSRP protocol is required.

Primary (Fiber Link) and Backup (Radio Link Preferred)

US Embassy, Nairobi MPLS - Primary and Backup fiber links digital bandwidth must be a minimum of 8,192 Kbps [8MB]

Nairobi Kenyatta National Hospital (KNH)Office MPLS MPLS – Primary (Fiber Link) and Backup (Radio Link Preferred ), digital bandwidth must be a minimum of 2,048Kbps, [2MB]

7a

Initial Installation (once off)

TOTAL FOR BASE YEAR

2.3 FIRST OPTION YEAR

Total Firm-Fixed Price

Nairobi HQ Internet - [KEMRI Campus, Mbagathi]. One (1) dedicated Internet channel at minimum 20,480 Kbps (20Mbps) providing fault tolerance in the last mile. HSRP protocol is required.

Providing fault tolerance in the last mile. HSRP protocol is required.

TOTAL FOR FIRST OPTION YEAR

2.4 SECOND OPTION YEAR PRICES:

Total Firm-Fixed Price

Nairobi HQ Internet - [KEMRI Campus, Mbagathi]. One (1) dedicated Internet channel at minimum 20,480 Kbps (20Mbps) providing fault tolerance in the last mile. HSRP protocol is required.

Providing fault tolerance in the last mile. HSRP protocol is required.

Nairobi Kenyatta National Hospital (KNH)Office MPLS MPLS – Primary (Fiber Link) and Backup (Radio Link Preferred ), digital bandwidth must be a minimum of 2,048Kbps, [2MB]

TOTAL FOR SECOND OPTION YEAR

B.10 Grand Total of Base plus All 2 Option Years

Base Year Total

First Option Year Total

Second Option Year Total

Grand Total of Base plus All Option Years

2.5 VALUE ADDED TAX.

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.

CONTINUATION TO SF-1449,

RFQ NUMBER SKE50017R0006

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I. SCOPE OF WORK

The purpose of this firm fixed price contract is to obtain Internet Services, MPLS Circuitry and Installation for the Centers for Disease Control (CDC) Kenya Nairobi and Kisumu Campuses.

The local Telecommunication’s Internet Service Provider (ISP) contracting firm must provide internet services and dedicated leased line channels and circuitry for connecting the American Embassy Nairobi, Kenya and Centers for Disease Control (CDC) locations data links as shown below in this solicitation.

THIS IS THE LIST OF REQUIRED SERVICES:

1. SERVICE: Internet Service

CDC Kenya Headquarter Office

TYPE OF

SERVICE:

Dedicated Internet Channel

THE PROVIDED INTERNET SERVICE SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS:

Internet Services Quality

· Internet Service Provider (ISP) shall provide dedicated (not shared or bundled) leased channel high-speed access to the Internet; data transport media must be fiber optic, terrestrial connectivity. Twenty-four (24) hours uplink. Post Internet Service Provider (ISP) connection must be "always on" with unlimited usage, and must not require the installation of any custom software on the client side.

· Internet Service Provider (ISP) digital bandwidth is the amount or volume of data that may be sent through the channel, measured in kilobits per second (Kbps), without distortion. Required Bandwidth connection is defined in each service description.

· For Internet Services the Internet Service Provider (ISP) must guarantee full contracted bandwidth availability 24X7X365 from the originator side to the ISP’s internet gateway. Bandwidth sharing between other non-Embassy customers is not allowed. Connection Ratio must be 1/1.

· Internet Service or data service transmission from the originating information server towards an end server is referred to as downstream; and a transmission from an end user towards the remote server is referred as upstream; Post Internet Service Provider (ISP) Contention Ratio (downstream / upstream) must be 1:1 /1:1.

· Internet Service Provider (ISP) must provide excellent Quality of Service (QOS) for the connection, that represents the level of consistent download capacity provided, must be the higher QOS percentage possible but, at minimum, greater than 99.97% or the highest possible quality of service connection reaching 100%.

· Internet Service Provider (ISP) connection must NOT use Network Address Translation (NAT).

· Internet Service Provider (ISP) Round Trip Time (RTT) reports the total time in milliseconds (ms) time to send a small data packet and obtain a reply back; must be the faster than 100ms for the Round Trip Time (RTT) for internet service. Also, RTT must be faster than 7ms for local data services (for instance: point-to-point channels or web pages accessed through the Kenya Network Access Point (NAP).

· Internet Service Provider (ISP) must permit the transit of all Internet Protocol (IP) protocols (especially IPSec), including but not limited to, User Datagram Protocol (UDP), Transmission Control Protocol (TCP), and IPSEC to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking. Filters or sniffers must not be established, connected, or introduced by the ISP for any CDC channels. If there are any existing filters, sniffers, restrictions, or proxies, they must be identified, and removed prior to lease line circuit installation.

· Internet Service Provider (ISP) must permit installation of Customer VPN encryption devices on circuit.

· Internet Service Provider (ISP) must provide detailed network topology map that shows all possible paths ISP use for the internet traffic between ISP hub in CDC and the ISP hub in United States of America (USA).

· Internet Service Provider (ISP) must have redundancy in the Internet backbone between Kenya and USA. For instance, If NAP of the host country’s backbone fail, NAP Americas, NAP Sprint, or any other alternate backbone paths shall be available.

· Internet Service Provider (ISP) must provide fault-tolerance Fiber Optic connectivity to the very end at the CDC offices Nairobi compound Telecommunications Service Entrance Facilities (TSEF) Room.

Network Identification

· Internet Service Provider (ISP) must provide a block of sixteen (16) public internet IP addresses on a single subnet for Internet services.

· Internet Service Provider (ISP) must provide IP addresses used to identify the single subnet address in Classless Inter-Domain Routing address specification (Network IP address / 28) or, equivalently, its subnet mask 255.255.255.240, and ISP Gateway IP addresses (virtual IP addresses).

Network Identification

· Internet Service Provider (ISP) must provide a block of sixteen (32) public internet IP addresses on a single subnet for Internet services.

· Internet Service Provider (ISP) must provide IP addresses used to identify the single subnet address in Classless Inter-Domain Routing address specification (Network IP address / 28) or, equivalently, its subnet mask 255.255.255.240, and ISP Gateway IP addresses (virtual IP addresses).

Network Devices

The network devices shall comply with the following characteristics:

· Internet Service Provider (ISP) must permit ping and trace route traffic from 169.252.0.0/16 and 169.253.0.0/16 to the ISP connection RJ45 10/100BaseT router interface which terminates Customer VPN encryption device.

· Services provided by the Internet Service Provider (ISP) must be delivered with RJ-45 interface connectors with a 10/100baseT interface.

· Internet Service Provider (ISP) must provide routers and Data media converters or transmission devices in all cases.

· Power standard sources must be dual voltage (110v/60hz and 220v/50hz)

· Devices must be Rack mountable in a standard Commercial off-the-shelf (COTS) rack.

· One separate or individual physical interface connector is required per service.

Service Support and Contingencies

1. The awarded ISP must warrant service support 7X24X365.

1. The vendor must warrant service support on site if necessary 7X24X365, services must be coordinated directly with Embassy’s Contracting Office Representative (COR) or Information Technology (IT) representative from the Embassy Information Systems Center (ISC).

1. Expected service availability and reliability must be at minimum 99.97%.

1. The Contractor shall install a redundant cable or Fiber Optic infrastructure known as backup line with channel state inspection mechanism, in order to verify service connectivity and provide immediate lease line backup connectivity services to the Embassy/Consulate.

1. The awarded ISP must have direct connection capability with major United States of America (U.S.A) telecommunication providers (ISPs) at Internet tier 1 level, having alternative line channels or backups in case of main Internet path malfunctioning.

1. The awarded ISP must provide on line web access data traffic analysis graphs capabilities. Graphs must be updated on a daily basis. Graphs must retain traffic history behavior for at least one year.

1. The awarded ISP must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process.

2. SERVICE: Internet Service

Centers for Disease Control and Prevention (CDC - Kisumu)

TYPE OF

SERVICE:

Dedicated Internet Channel

ALL PROVIDED INTERNET SERVICES AND DATA POINT-TO-POINT CONNECTIONS MUST COMPLY WITH THE FOLLOWING REQUIREMENTS (EXCEPT WHEN SPECIFIED):

· Internet Service Provider (ISP) must provide dedicated leased channel high-speed access to the Internet; data transport media must be fiber optic. Twenty-four (24) hours uplink. Post Internet Service Provider (ISP) connection must be "always on", and must not require the installation of any custom software on the client side.

· Internet Service Provider (ISP) digital bandwidth is the amount or volume of data that may be sent through the channel, measured in kilobits per second (Kbps), without distortion. Required Bandwidth connection is defined in each service description.

· For Internet Services the Internet Service Provider (ISP) must guarantee full contracted bandwidth availability 24X7X365 from the originator side to the ISP’s internet gateway. Bandwidth sharing between other non-Embassy customers is not allowed. Connection Ratio must be 1/1.

· Internet Service or data service transmission from the originating information server towards an end server is referred to as downstream; and a transmission from an end user towards the remote server is referred as upstream; Post Internet Service Provider (ISP) Contention Ratio (downstream / upstream) must be 1:1 /1:1.

· Internet Service Provider (ISP) must provide excellent Quality of Service (QOS) for the connection, that represents the level of consistent download capacity provided, must be the higher QOS percentage possible but, at minimum, greater than 99.97% or the highest possible quality of service connection reaching 100%.

· Internet Service Provider (ISP) Round Trip Time (RTT) reports the total time in milliseconds (ms) time to send a small data packet and obtain a reply back; must be the faster than 100ms for the Round Trip Time (RTT) for internet service. Also, RTT must be faster than 7ms for local data services (for instance: point-to-point channels or web pages accessed through the Kenya Network Access Point (NAP).

· Internet Service Provider (ISP) must permit the transit of all Internet Protocol (IP) protocols (especially IPSec), all User Datagram Protocol (UDP) protocols, and all Transmission Control Protocol (TCP) protocol. Filters or sniffers must not be established, connected, or introduced by the ISP for any Embassy channels. If there are any existing filters, sniffers, restrictions, or proxies, they must be identified, and removed prior lease line circuit installation.

· Internet Service Provider (ISP) must provide detailed network topology map that shows all possible paths ISP use for the internet traffic between ISP hub in Kenya and the ISP hub in the USA.

· Internet Service Provider (ISP) must have redundancy in the internet backbone between Kenya and USA. For instance, If NAP Kenya backbone fail, NAP Americas, or any other alternate backbone paths shall be available.

· ISP must provide Fiber Optic connectivity to the very end at the (U.S. Embassy) CDC Kisumu compound Telecommunications Service Entrance Facilities (TSEF) Room.

Network Identification

· Internet Service Provider (ISP) connection must provide a block of one hundred twenty eight (128) static IP Addresses on a single subnet.

· Internet Service Provider (ISP) must provide IP addresses used to identify the single subnet address in Classless Inter-Domain Routing address specification (Network IP address / 25) or, equivalently, its subnet mask 255.255.255.128, and ISP Gateway IP address.

Network Devices

1. Services provided by the Internet Service Provider (ISP) must be delivered with RJ-45 interface connectors with a 10/100baseT interface.

1. Internet Service Provider (ISP) must provide router(s) and Data media converters or transmission devices in all cases.

1. Power standard sources must be dual voltage (110v/60hz and 220v/50hz).

1. Devices must be Rack mountable in a standard Commercial off-the-shelf (COTS) rack.

1. One separate or individual physical interface connector is required per service.

Service Support and Contingencies

1. The awarded ISP must warrant service support 7X24X365.

1. The vendor must warrant service support on site if necessary 7X24X365, services must be coordinated directly with Embassy’s Contracting Office Representative (COR) or Information Technology (IT) representative from the Embassy Information Systems Center (ISC).

1. Expected service availability and reliability must be at minimum 99.97%.

1. The awarded vendor must install a redundant cable or Fiber Optic infrastructure known as backup line with channel state inspection mechanism, in order to verify service connectivity and provide immediate lease line backup connectivity services to the Embassy/Consulate.

1. The awarded ISP must have direct connection capability with major United States of America (U.S.A) telecommunication providers (ISPs) at Internet tier 1 level, having alternative line channels or backups in case of main Internet path malfunctioning.

1. The awarded ISP must provide on line web access data traffic analysis graphs capabilities. Graphs must be updated on a daily basis. Graphs must retain traffic history behavior for at least one year.

1. The awarded ISP must provide a central Information Technology (IT) point of contact (POC) in order to promptly coordinate technical issues during the initial installation process.

Figure 1: Proposed Internet Topology

3. SERVICE: MPLS Inter-site Connectivity

Embassy 8,192 Kbps (8MB), Nairobi-KNH 2,048Kbps (2MB), Kisumu-Kisian 8,192Kbps (8MB), and Kisumu-CRC 8,192Kbps (8MB)

Site B: CDC: Embassy Office Site C: CDC: KNH Office Site D: CDC: Kisumu – Kisian [KEMRI Kisian Campus] Site E: CDC: Kisumu – CRC, Jaramogi Oginga Odinga Teaching & Referral Hospital [JOOTRH]

THE PROVIDED INTERNET SERVICE AND DATA POINT-TO-POINT CONNECTIONS MUST COMPLY WITH THE FOLLOWING REQUIREMENTS:

· Internet Service Provider (ISP) must provide dedicated leased Point-to-Point / Clear channel; data transport media must be fiber optic. Twenty-four (24) hours uplink. Post Internet Service Provider (ISP) connection must be "always on", and must not require the installation of any custom software on the client side.

· Internet Service Provider (ISP) digital bandwidth is the amount or volume of data that may be sent through the channel, measured in kilobits per second (Kbps), without distortion. Required Bandwidth connection is defined in each service description.

· For Internet Services the Internet Service Provider (ISP) must guarantee full contracted bandwidth availability 24X7X365 from the originator side to the ISP’s gateway. Bandwidth sharing between other non-Embassy customers is not allowed. Connection Ratio must be 1/1.

· Internet Service Provider (ISP) Round Trip Time (RTT) reports the total time in milliseconds (ms) time to send a small data packet and obtain a reply back; must be the faster than 100ms for the Round Trip Time (RTT) for internet service. Also, RTT must be faster than 7ms for local data services.

· Internet Service Provider (ISP) must permit the transit of all Internet Protocol (IP) protocols (especially IPSec), all User Datagram Protocol (UDP) protocols, and all Transmission Control Protocol (TCP) protocol. Filters or sniffers must not be established, connected, or introduced by the ISP for any Embassy channels. If there are any existing filters, sniffers, restrictions, or proxies, they must be identified, and removed prior lease line circuit installation.

Network Devices

1. Services provided by the Internet Service Provider (ISP) must be delivered with RJ-45 interface connectors with a 10/100baseT interface.

1. Internet Service Provider (ISP) must provide all data media converters or transmission devices in all cases.

1. Power standard sources must be dual voltage (110v/60hz and 220v/50hz).

1. Devices must be Rack mountable in a standard Commercial off-the-shelf (COTS) rack.

1. One separate or individual physical interface connector is required per service.

1. No router is required.

II. GENERAL:

A. The Department of State has a requirement for one full period with two option years, full duplex, clear channels, digital circuits and Internet leased lines capable of supporting synchronous traffic. For clear channel circuits, they shall be completely transparent, with no bits added to or deleted from the bit stream provided to the interface of the Department of State (U.S Embassy, Nairobi and CDC Nairobi & Kisumu Campuses) equipment. The circuit shall be supplied for the transmission of a multiplexed aggregate bit stream for telegraphic and data signals.

The Department of State (U.S Embassy, Nairobi and CDC Nairobi & Kisumu Campuses) reserves the right to increase or decrease this digital circuit bandwidth requirement from no less than 64 kbps and up to 15 Mb within 30 days written notice to the Contractor. The desired intervals for circuit bandwidth are as follows: 64kbps, 256kbps, 512kbps, 1Mb, 2Mb, 4Mb, 6Mb, 8Mb, 10Mb, and 15Mb. The Contractor is to provide fractional T-1 fixed cost pricing for this increase or decrease of digital service. The availability of this circuit shall not be less than 99.7 percent per month over the period of the contract.

B. These digital services shall be via Optic Fiber. The service shall be for the exclusive use of the Department of State, 24-hours per day, 7 days per week, and 52 weeks per year.

C. The Contractor shall coordinate the service and shall be responsible for the technical sufficiency of the circuit, including services necessary to establish, operate, and restore the circuit. Except for modems and terminal equipment furnished by the US Government (U.S Embassy, Nairobi and CDC Nairobi & Kisumu Campuses), the Contractor shall provide all materials and supplies required to provide the service which includes the Data Service Unit (DSU) configured with Data Communications Equipment (DCE) interface. If required, signal element timing shall be provided by the Contractor’s facility.

D. The Contractor shall provide sufficient technical support to ensure uninterrupted end-to-end service between such terminal points as are covered in this contract. The Contractor shall provide, properly adjust, and maintain the circuit for continuous Department of State (U.S Embassy, Nairobi and CDC Nairobi & Kisumu Campuses) use. The Contractor shall ensure that the circuit complies with service changes, additions, or deletions as required under this contract.

G. The Contractor shall supply a Data Service Unit(s) (DSUs) configured with a Data Communications Equipment (DCE) interface. Signal element timing shall be provided as follows: (1) timing to the U.S Embassy, Nairobi and CDC Nairobi & Kisumu Campuses will be provided by the Contractor’s facility.

I. Services. This is a firm fixed-price contract for the lease of one full period, full duplex, clear channels, digital circuits and internet leased lines capable of supporting synchronous traffic. For the clear channel circuits, they shall be completely transparent to 2,048 kbps data or different if specified on the service requirements, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment.

J. Bit Error Rate Test (BERT) The bit error rate (BER) for the service shall not be greater than 1 in 10 to the 6 bits for 99.7% of the time, for all time.

K. Acceptable Level of Performance. The Standard of Performance (SP) for this contract is 99.7% percent availability per month (100 percent less 0.3 percent each month for corrective and preventive maintenance).

L. Inspection and Acceptance. Unless specified in the Contract, the US Government shall require a period not to exceed 24 hours in order to perform testing to determine acceptance of the required circuit under Section C. The U.S. destination point or the U.S. foreign post shall conduct the testing.

M. Term of Contract: The required circuits shall be installed and delivered to the Destination Point on or before 30 Days after Contract Award. Upon successful installation and acceptance by the Government of the required circuit under Section C, the Contractor shall be provided, in writing, notice to proceed and shall provide contractual services for a twelve (12) month with two (2) option years period, commencing on the date specified in the notice to proceed.

N. The Contractor agrees that the work and services set forth in this contract shall be performed during the period commencing the effective date of this contract and shall continue through the end of the twelve month period of service (CLIN 1 through 8), excluding the exercise of any option.

P. An Invoice, suitable for payment, shall contain, but not limited to, the following information:

Invoices;

be addressed;

12. Credits with explanation and period covered.

Failure to submit Invoices which do not identify this information shall be returned without payment to the Contractor for correction.

R. Authorized Instruction to Contractor

a. No person or agency other than the Contracting Officer (CO) is authorized to give instruction, orders or directions on behalf of the US Government to the Contractor or his employees, unless such person or agency is authorized in writing by the CO to so act. The authority of such person or agency is strictly limited to the written authorization provided by the CO. The duty is upon the Contractor to determine the authority of such person or agency. Any questions regarding the authority of such person or agency should be directed to the CO in writing.

b. Contracting Officer’s Representative (COR): The CO may designate and authorize a representative(s) to act on his/her behalf under this contract. Such representative(s) as may be appointed shall be designated by a letter from the CO and a copy of the letter shall be given to the Contractor. The COR shall represent the CO as specified in his/her delegation of authority letter. The COR shall not be authorized to issue change orders or adjustments. Changes in the Scope of Work/Specifications or any increase or decrease in the work called for by this contract shall be made by the CO by an executed modification to this contract.

T. Release of Information

1. The Contractor’s organization shall clear with the Information Office listed below any public release of information on this contract. This information includes news stories, articles, sales literature, advertisements, radio-TV spots, etc.

2. The request for public release of information should be addressed to:

US Embassy Nairobi, U.N Avenue Gigiri, P.O Box 606-00621, Nairobi Kenya

3. Limited Use of Data and Information. Performance of this contract may require the Contractor to access and use data and information proprietary to the US Government agency or agency personnel, or which is of such a nature that its dissemination or use, other than in performance of this contract would be adverse to the interests of the Government or others. The Contractor and Contractor personnel shall not divulge or release data or information developed or obtained in performance of this contract, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor will not use, disclose, or reproduce proprietary data which bears a restrictive legend, other than as required in the performance of this contract. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no costs to the Government between the Contractor and the data owner provides for greater rights to the Contractor.

U. Circuit Downtime and Credits

Credits shall be assessed against the Contractor in those instances where the circuit during any given month or year that fail to achieve and sustain the minimum acceptance standards stated above.

1. Definitions:

Circuit Availability Acceptance Level: Yearly Circuit Availability Acceptance Level is computed by 365 calendar days times 24 (hours per day) times 99.7% acceptance level equals 8,716.20 hours annum. (365 x 24 = 8760 x 99.7% = 8,733.72). Monthly Circuit Availability is computed by the calendar days per month times 24 (hours per day) times 99.7% acceptance level (example: 31 x 24 = 744 x 99.7% = 741.76).

Downtime: That period of time when the circuit becomes non-operational or unusable for communication or transfer of data or failures to meet the minimum acceptance standards. The maximum cumulative Annual downtime that shall be acceptable for corrective or preventative maintenance is 26.28 hours (8760 x .3%). The maximum cumulative Monthly downtime that shall be acceptable for corrective or preventative maintenance shall be .3% of the total available hours for the month (example: 31 x 24 = 744 x .3% = 2.23 hours).

Period of Downtime: Downtime shall commence at the time first attempt for contact is made by the Government (or its representative) to the Contractor’s Point of Contact and shall be annotated on the Remedy Ticket and shall continue until the circuit is returned into Service by the Government.

Downtime Credits: Monetary value returned to the Government for failure to meet the Circuit availability requirements. Downtime Credits shall be assessed based on cumulative downtime time with the minimum assessment being one hour. Downtime credit shall be equal to the hourly or daily rate (as applicable) as identified in the schedule in Section B. There are two (2) situations when circuit Downtime Credits can be accumulated:

2. Credit for Circuit Downtime by Situation

Below Availability Level: If the downtime accumulated for a circuit adds up to 26.28 (8760 x 0.3%) cumulative hours or more during any one contract year (365 calendar days) or depending on the number of hours for the month (example 744 x .3%) cumulative hours per month (example: 31 calendar day month) the Contractor shall grant a hourly credit to the Government for each hour of downtime. Each additional one hour increment or portion thereof will be assessed as an additional hour.

Extended Downtime Credit(s): Cumulative time of more than 18 hours but not greater than 24 hours for any one outage shall be assessed at a daily rate. Any increment of 24 hours beyond the initial 24 hours of any one outage shall be assessed at the standards for the hourly rate up to 12 hours, however between 12 and 24 hours the credit shall be assessed at the daily rate.

3. Exceptions to Cumulating of Downtime

Cumulating of circuit downtime shall include all unscheduled downtime deemed to be the responsibility of the Contractor, with the following exceptions:

a. When the failure to perform arises out of causes beyond the control and without the fault or negligence of the Contractor or Sub-contractor as defined in the Termination for Default clause in Section I of this contract.

b. Malfunction of equipment, frequency fading and interference, errors of commission and/or omission by the Contractor or Sub-contractor, and commercial power surges or failures are considered to be normal hazards of the industry and therefore do not qualify as causes beyond the control of the Contractor or Sub-contractor. The Contractor shall be charged with credits for all reported outages determined “no trouble found” or “came clear while testing” but which exceed 45 minutes.

The Contracting Officer shall make final determination as to whether downtime is the responsibility 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 responsibility, the Contracting Officer may elect to assess a credit for each instance of non-performance.

4. Payment Reduction for Downtime Credits

When Circuit Downtime credit(s) is owed to the Government, the total number of creditable hours shall be accumulated for the month and will be deducted from the payment due the Contractor in the month they accrued.

5. Trouble Escalation Procedure

a. The Government shall refer the problem to the carrier after performing tests as prescribed in the Trouble Analysis procedure. Obtain the name of the carrier test person and a carrier ticket number; record this information on the Government’s Remedy Ticket.

b. After the trouble has been referred to the carrier for two (2) hours, recall the carrier for an update on the current trouble. Record the carrier’s response, the name of the individual you talked with, and the carrier ticket number on the Remedy Ticket.

c. After the trouble has been referred to the carrier for four (4) hours, recall the carrier for an update on the current trouble. If the carrier’s response is not satisfactory escalate the trouble to the carrier’s management. Record the carrier’s response, the name of the individual you talked with, and the carrier ticket number on the Remedy Ticket.

d. After the trouble has been referred to the Contractor for six (6) hours the COR shall escalate the trouble to the Contractor’s manager; also notify IRM/IMO and the Contracting Officer and the STATE IRM/ISC Office. Record the contractor’s response, the name of the individual you talked with, the Contractor ticket number, and the names of the IRM managers that were notified on the Remedy Ticket.

e. Continue to status the Contractor for the remainder of the outage or until you have received a problem resolved status.

6. Technological Refreshment

After contract award, the Government may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions –Commercial Items, paragraph (c), Changes; 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, substitutions or additions for any provided products 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 substitutions.

Such substitutions 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) 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) shall have the capacity, performance, or functional characteristics equal to or greater than, the current product(s).

c. The proposal shall discuss the impact on hardware, services, and delivery schedules. The cost of the 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 FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

7. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP 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 monitor quality to ensure that contract standards are achieved.

Services.

Performs services set forth in the scope of work.

1. thru 6.

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

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

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014).

(4) _X_ (5) 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).

__ (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 (Nov 2016) (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 (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting 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 Representation (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)).

_X_ (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.)

__ (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.