Niamey_FY16_Internet_Solicitation_Amended.doc

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

PAGE OF PAGES

1 76

2. AMENDMENT/MODIFICATION NO.

A001

3. EFFECTIVE DATE

05/17/2016

4. REQUISITION/PURCHASE REQ. NO.

5. PROJECT NO. (If applicable)

6.

ISSUED BY

CODE

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

American Embassy Niamey

Rue des Ambassades

BP 11201, Niamey - Niger

8.

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

9a. AMENDMENT OF SOLICITATION NO.

SNG60016Q0003

9b. DATED (SEE ITEM 11)

04/12/2016

10a. MODIFICATION OF CONTRACT/ORDER NO.

10b. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

[ X ] The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

[X ] is extended, [ ] is not extended

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.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b)

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

D. OTHER (Specify type of modification and authority)

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.)

A. Section 3, under Provision, the clause 52.237-1 SITE VISIT (APR 1984) has been added.

B. Repost bid for 30 more days. The new closing date is June 17, 2016 at 1:00 p.m. local time.

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

Biron, Jeffrey L

15B. NAME OF CONTRACTOR/OFFEROR

BY

(Signature of person authorized to sign)

BY

(Signature of Contracting Officer)

16C.DATE SIGNED

NSN 7540-01-152-8070

Standard Form 30 (revised 10/83)

Previous edition unusable

Prescribed by GSA FAR (48 CFR) 53.243

U.S. Embassy Niamey

Date: May 17, 2016

To:

Prospective Quoters

Subject:

Reposting of Bid and Site Visit/Pre-Proposal Conference for SNG60016Q0003, Dedicated Internet Services for the U.S. Embassy Niamey, Niger

In order to broaden the base of prospective quoters, and to better clarify the terms of the solicitation to the local business community, the U.S. Embassy Niamey is reposting the bid for 30 more days, until June 17, 2016.

A pre-proposal conference in French and English will be held at the U.S. Embassy on May 31, 2016 at 9:00 a.m. EST (2:00 p.m. local time).

This reposting of the bid and announcement of a site visit/pre-proposal conference are the only amendments to the Request for Quotes (RFQ). All other terms and conditions which are not modified remain unchanged. All quotes already submitted will remain valid and under control of the Contracting Officer until June 17, 2016. However, offerors may submit revised quotes at any time until the June 17 deadline.

Sincerely, Jeffrey L. Biron

Contracting Officer

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number SNG60016Q0003, Prices, Block 23

· Continuation To SF-1449, RFQ Number SNG60016Q0003, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

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, RFQ NUMBER SNG60016Q0003, PRICES BLOCK 23

I.

Scope of Services The Contractor shall complete all work, including furnishing all labor, material, equipment, 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 period from the date of the contract award and a notice to proceed with 4 option years.

1.

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

2.

Prices. 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 below in F CFA.

All line items will be included in the contract award. However, the Embassy will only require the services of one line item at a time. The services of the line item required will be indicated at the time of contract award and if/when changes are required, the Contracting Officer will issue a unilateral contract modification implementing the services of the new line item and cancelling the services of the previous line item. The modification will stipulate the dates of service, within the contract term, for the contract modification.

2.1 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.

2.2.

The firm fixed-prices are in _____________ (offeror to identify currency.) Local companies shall quote in local currency (F CFA).

Base Year

[insert currency] Total Firm-Fixed Price [insert currency]

Mbps) providing fault tolerance in the last mile. HSRP protocole is required.

Sub-Total

Grand Total for Base Year

First OptionYear

[insert currency] Total Firm-Fixed Price [insert currency]

Sub-Total

Grand Total for FIRST OPTION Year

Second Option Year

[insert currency] Total Firm-Fixed Price [insert currency]

Sub-Total

Grand Total for SECOND OPTION Year

Third OptionYear

[insert currency] Total Firm-Fixed Price [insert currency]

Sub-Total

Grand Total for THIRD OPTION Year

Fourth Option Year

[insert currency] Total Firm-Fixed Price [insert currency]

Sub-Total

Grand Total for FOURTH OPTION Year

Grand Total Contract Price, Including all Option Years

Base Period Total Price

First Option Year Total Price

Second Option Year Total Price

Third Option Year Total Price

Fourth Option Year Total Price

Grand Total Firm-Fixed Price for Base Year plus all Option Years

CONTINUATION TO SF-1449, RFQ NUMBER SNG60016Q0003

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I.

Scope of Work The purpose of this firm fixed price purchase order is to obtain VPN, Internet Services, and Circuitry for the U.S. Embassy Niamey.

The local Telecommunication’s Internet Service Provider (ISP) contracting firm must provide internet services and dedicated leased line channels and circuitry for connecting American Embassy Niamey and remote U.S. Embassy Annex locations data links as shown below in this technical paper.

This is the list of required services:

1. SERVICE: OpenNet-VPN

Niamey.

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, repeat, 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 Cotonou, Abuja, and/or Burkina Faso 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 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 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 Niamey and the ISP hub in United States of America (USA).

· Internet Service Provider (ISP) must have redundancy in the Internet backbone between Abuja, Cotonou and/or Burkina Faso 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 or Wireless connectivity to the very end at the U.S. Embassy Niamey compound Telecommunications Service Entrance Facilities (TSEF) Room.

Network Identification

· Internet Service Provider (ISP) must provide at least block of sixteen (32) public internet IP addresses on a single subnet for Internet services which may increase as we add more bandwidth.

· 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

· The awarded ISP must warrant service support 7X24X365.

· 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).

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

· 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.

· 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.

· 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.

· 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.

II. General:

A. The Department of State has a requirement for one full period, full duplex, clear channels, and digital circuits capable of supporting synchronous traffic. 5,120 Kbps, between the Main Distribution Frame [MDF] of US Embassy Niamey and the Main Distribution Frame (MDF) Beltsville, Maryland, USA. For clear channel circuits, they shall be completely transparent to 5,120 Kbps to 30,720 Kbps data, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment. The circuit shall be supplied for the transmission of a multiplexed aggregate bit stream for telegraphic and data signals.

The Department of State reserves the right to increase or decrease this digital circuit bandwidth requirement from no less than 64 kbps and up to 30 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, 12, 15, 18, 20, 25 and 30Mb. 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 99.5 percent per month over the period of the contract.

B.

This digital service shall be via whatever facilities are available to the Contractor. NOTE: Double satellite hops are not acceptable. 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. No on premise satellite ground station will be considered for this circuit.

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 Government, the Contractor shall provide all equipment, 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 use. The Contractor shall ensure that the circuit complies with service changes, additions, or deletions as required under this contract.

E.

The Department of State will file a request with the National Communications System (NCS) for the assignment of a restoration priority immediately upon acceptance and activation of this circuit.

F.

The circuit shall be completely transparent to the 1.544 mbps data, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment. The circuit shall be supplied for the transmission of a multiplexed aggregate bit stream for telegraphic and data signals. All other characteristics will be in accordance with International Telegraph and Telephone Consultative Committee (CCITT) specifications.

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 American Embassy will be provided by the Contractor’s facility.

H.

The Contractor shall use the following for interface standards:

OVERSEAS: RS-530 electrical/mechanical where available, or RS-422 electrical interface and RS-449 mechanical interface will be required between the DSU/CSU and the Department of State furnished equipment located at the U.S. Embassy Niamey.

NOTE: Where applicable for digital service and for information purposes:

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 5,120 kbps to 30,720 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 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 60 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 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.

O.

Option CLINs, e.g. 0005 through 012, if exercised, as reflected in Section 1, shall be for Twelve (12) months each, commencing at the expiration of the previous period of performance or a negotiated period.

P.

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

1.

Name of Contractor;

2.

Date of Invoice;

3.

Original Invoice Number (Consecutive numbers);

4.

Contract number;

5.

Task or Delivery Order number, as applicable;

6.

Government Specific Accounting and Appropriation Data (Funding Cite.)

(Example: 19X0113-2015-X75041-180100-5327-2332);

7.

Contract Line Item Number (CLIN) of item or service provided;

8.

Description of the item, or service actually provided;

9.

Period of performance of service or date item is provided;

10.

Block/Space reserved for COR acceptance signature and date;

11.

Signature, Name and Phone number of Company representative authorized to sign invoices;

12.

Remit to address

13. Name, phone number and Mailing address to whom any disputed invoices should be addressed;

14. 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.

Q.

The circuit described above is exempt, under Article 34 of the Vienna Convention on Diplomatic Relations, from the Special Access Surcharges or foreign taxes, including Value Added Taxes.

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 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.

S.

“Reserved” 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: Office of Public Diplomacy, PAO, United States Embassy, Niamey – Niger.

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 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:

1) Below Availability Level,

2) Extended Downtime.

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 all U.S. Mission Internet services set forth in the scope of work.

SECTION 2 - CONTRACT CLAUSES

FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (MAY 2015), 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 (NOV 2015)

(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, 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…