Solicitation 19GE5020R0063 Vsat Yaounde.pdf

SOLICITATION

DOCUMENT

Project Description:

VSAT Internet Service for the U.S. Embassy

Yaoundé, Cameroon

Solicitation No. 19GE50-20-R-0063

American Consulate General Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main, Germany

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5020R0063

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

DATE

07/14/2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Almalucia Gallone

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL GalloneA@state.gov

8. OFFER DUE DATE / LOCAL

TIME

08/25/2020 17:00:00

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 517410

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

YAOUNCODE15. DELIVER TO

AMERICAN EMBASSY YAOUNDE

AMERICAN EMBASSY YAOUNDE

ATTN: ISC

YAOUNDE

CAMEROON

CODE FRANK16. ADMINISTERED BY

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

FRANKFURT, 60435

GERMANY

FACILITY CODECODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR YAOUNCODE18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY YAOUNDE

6.050 AVENUE ROSA PARKS PO BOX 817

ATTN: FINANCIAL MANAGEMENT OFFICER

YAOUNDE

CAMEROON

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCES 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, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ 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.

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 THE CONTRACTING OFFICER (TYPE OR PRINT)

Eric N. Moore 31c. DATE SIGNED

07/14/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

19GE5020R0063

Table of Contents

Section Description Page Number

2 Contract Clauses 52.203-3 Gratuities (Apr 1984) 52.203-13 Contractor Code of Business Ethics and Conduct (Jun 2020) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.244-6 Subcontracts for Commercial Items (Jun 2020) 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jun 2020) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.228-3 Workers' Compensation Insurance (Defense Base Act) (July 2014) 52.229-12 Tax on Certain Foreign Procurements (Jun 2020) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED

(AUG 1999)

652.232-70 Payment Schedule and Invoice Submission (Fixed-Price)(Aug 1999)

652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (FEB

2015)

652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)

3 Solicitation Provisions 52.204-7 System for Award Management (Oct 2018) 52.212-1 Instructions to Offerors-Commercial Items (Jun 2020) 52.215-1 Addendum Instructions to Offerors 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015)

4 Evaluation Factors 52.217-5 Evaluation of Options (July 1990)

M.1 EVALUATION OF PROPOSALS

5 Representations and Certifications 52.209-7 Information Regarding Responsibility Matters (Oct 2018) 52.203-2 Certificate Of Independent Price Determination (Apr 1985) 52.212-3 Offeror Representations and Certifications--Commercial Items (Jun 2020) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation (Jun 2020)

001 CLIN 0001

BASE YEAR

Monthly Recurring Charges for dedicated, leased-channel, high-speed access to the internet, data transport media via wireless satellite.

12.00 MO

Service to be performed as described in the Performance of Work.

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2020 to 08/31/2021

002 CLIN 0002

BASE YEAR

Value Added Tax (VAT) for CLIN 0001

1.00 EA

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2020 to 08/31/2021

003 CLIN 0003

BASE YEAR

DBA INSURANCE

1.00 EA

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2020 to 08/31/2021

004 CLIN 1001

FIRST OPTION YEAR

Monthly Recurring Charges for dedicated, leased-channel, high-speed access to the internet, data transport media via wireless satellite.

12.00 MO

Service to be performed as described in the Performance of Work.

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2021 to 08/31/2022

005 CLIN 1002

FIRST OPTION YEAR

Value Added Tax (VAT) for CLIN 1001

1.00 EA

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2021 to 08/31/2022

006 CLIN 2001

SECOND OPTION YEAR

Monthly Recurring Charges for dedicated, leased-channel, high-speed access to the internet, data transport media via wireless satellite.

12.00 MO

Service to be performed as described in the Performance of Work.

Type of Contract Pricing:

Doc Ref No:

19GE5020R0063

Line Item Summary

Solicitation Number:

19GE5020R0063

Contract Number: Title: Yaounde - VSAT Internet Date of Solicitation:

07/14/2020

Line Item No. Description Quantity Unit Unit Price Total Cost

Delivery Date (Start to End) Date FOB:

09/01/2022 to 08/31/2023

007 CLIN 2002

SECOND OPTION YEAR

Value Added Tax (VAT) for CLIN 2001

1.00 EA

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2022 to 08/31/2023

008 CLIN 3001

THIRD OPTION YEAR

Monthly Recurring Charges for dedicated, leased-channel, high-speed access to the internet, data transport media via wireless satellite.

12.00 MO

Service to be performed as described in the Performance of Work.

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2023 to 08/31/2024

009 CLIN 3002

THIRD OPTION YEAR

Value Added Tax (VAT) for CLIN 3001

1.00 EA

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2023 to 08/31/2024

010 CLIN 4001

FOURTH OPTION YEAR

Monthly Recurring Charges for dedicated, leased-channel, high-speed access to the internet, data transport media via wireless satellite.

12.00 MO

Service to be performed as described in the Performance of Work.

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2024 to 08/31/2025

011 CLIN 4002

FOURTH OPTION YEAR

Value Added Tax (VAT) for CLIN 4001

1.00 EA

Type of Contract Pricing:

Doc Ref No:

Delivery Date (Start to End) Date FOB:

09/01/2024 to 08/31/2025

B.1 PRICING AND PERIOD OF PERFORMANCE

The purpose of this firm fixed price contract is to obtain network circuit paths and requisite bandwidth for the Embassy compound in Yaounde, Cameroon.

19GE5020R0063

Line Item Summary

Solicitation Number:

19GE5020R0063

Contract Number: Title: Yaounde - VSAT Internet Date of Solicitation:

07/14/2020

Line Item No. Description Quantity Unit Unit Price Total Cost

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 prices 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.

The contract will be for a one-year period in accordance with the performance period stipulated in the schedule for the base and the four option years. The base contract period will be one year from the date stipulated therein.

The contract may be extended by exercising the optional one-year period. The overall contract period shall be for a maximum period of five years and six months, as referenced on FAR Clause 52.217-9 (c), on page 27.

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

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 U. S. dollars. Carrier shall be re-sponsible for payment end-to-end circuit billing.

VALUE ADDED TAX.

Value Added Tax (VAT) shall be included as a seperate Contract Line Item. The VAT shall be listed as a sep-arate Line Item on Invoices. Local law dictates the portion of the contract price that is subject to VAT; this per-centage is multiplied only against that portion.

Section 1- Solicitation/Contract Form

C.1 PERFORMANCE OF WORK

C.1.1. Requirements

The experience and expertise to install a commercial satellite service with associated Internet connectivity on the U.S. embassy compound in Yaounde, Cameroon.

• Procure and ship the equipment to post via State Department approved channel

• Install the satellite equipment including collector dish, LNB, platforms and mounts, modems and cabling.

• Provide service and support 24x7x365, and provide the most uptime possible

• Provide high quality bandwidth and ongoing support.

The Contractor will complete all work, including furnishing all labor, material, equipment and services under this contract for the stated periods.

Internet Services Quality Provide dedicated, leased-channel, high-speed access to the internet, data transport media via wireless satellite. Service will provide twenty-four (24) hours uplink, that is “always-on” or “always-available” with unlimited usage with no custom software installed on either end.

Provide the volume of data through the requested channel, measured in Megabits per Second (Mbps) without distortion for the option(s) requested. Guarantee full contracted bandwidth availability 24x7x365 from satellite, and to the vendor internet gateway located outside of Cameroon. This bandwidth is dedicated for U.S. Embassy, and will not be shared, or contended with other customers. This results in a contention ration of 1:1/1:1.

Provide a solution that provides the required Quality of Service (QOS) for the connection, achieving a minim-um of 99.7% global network availability. The solution will not use Network Address Translation (NAT or

NATTING).

The latency, as measured in Round Trip Time (RTT) of packets will be less than 700 milliseconds for internet service. Transmission of all IP protocols are allowed on these circuits without filters or proxies, to include:

• IP Security (IPSec)

• User Datagram Protocol (UDP)

• Transmission Control Protocol (TCP)

The vendor will not install ISP firewalls, other blocking, filters or sniffers to any established circuits.

The vendor must accommodate customer VPN encryption devices on the circuit(s), as requested.

The vendor must provide multiple paths for the data to travel from Yaoundé back to the United States.

Thevendor teleports must provide connection to International Fiber Rings. From there, the route diversity to the USA must provide redundancies in case of outages.

Network Identification The vendor should offer terrestrial backhaul services from thier satellite gateway to the Washington, DC Metro Area (CONUS). Connect any peering location the customer requests, or backhaul the internet services vendor location in the DC area.

The solution includes interface subnetting (/28) or equivalently with its subnet mask 255.255.255.240 and ISP gateway IP address (virtual IP address).

Our team will provide a fault-tolerant satellite connection to the Telecommunications Service Entrance Facilit-ies (TSEF) as directed by the COR.

Network Devices The embassy requests Cisco compatible routing devices for the installation and provide RJ45 10/100baseT router interfaces needed for termination with encryption devices. The routers and media converters will be dual voltage and rack mountable.

Provide the required technical support to ensure required services, and SLAs on required by the SOW. Supply a Data Service unit (DSU) configured with a Data Communications Equipment Interface). Provide signal element timing.

II. General Service Credits The vendor will comply with the Circuit Availability Acceptance Level.

The vendor will return the monetary value to the government for failure to meet circuit availability require-ments. These ae based on the minimum assessment of one hour. Credits will be equal to the daily or hourly rate.

These include services below availability level and Extended Downtime.

The vendor is not responsible for failure of services due to:

Causes beyond the control, or without fault or negligence of subcontractors, or vendors.

Malfunction of equipment, frequency fading and interference, Power failures or surges and other normal hazards or Weather related issues.

Assessments incurred in a current month are to be credited the following month, except for assessments in-curred in the final month of a current period of performance, which shall be credited in the final month.

Credits shall apply to each individual service. Credits will be cumulative for each calendar month for each indi-vidual service that is not meeting performance specifications. Each Offeror shall describe its approach towards providing service credits for applicable outages as defined in this section.

Service Support and Contingencies The vendor will provide and warrant service support 24x7x365.

The requested base period solution as well as the optional solutions will be configured using a standard C-Band solution. Connection to the hub will be an Internet link provided through multiple redundant fiber links tying directly into the International Fiber Ring from the vendor teleport. The teleport facilities should be capable of maximum reliability, with redundant power, network, antenna, and RF configurations. Power is to be provided with both UPS and generator back up. Antennas and RF configurations are also always maintained in an N+1 configuration as a minimum.

The vendor and their bandwidth provider shall provide 24/7/365 monitoring of the satellite network and will troubleshoot any issues that arise with the iDirect system on both the hub and field side. Network monitoring also includes the full monitoring of the Internet connectivity to our CONUS office from which Internet traffic will actually hit the open internet.

The Vendor Network Operations Center (NOC) will maintain a thorough status monitoring of our networks. We have a step-by-step plan for monitoring, reporting, and resolving many issues that may arise over satellite net-works.

The vendor will monitor deployed systems including fixed and mobile, managed, shared or dedicated networks, through the NOC located.

The NOC Service Desk is the interface between our satellite operators and the system user.

This service guarantees the user accessibility to the service organization. As the single point ofcontact for the users, it keeps them informed on all relevant system and network level changes and provides status for all incid-ents. The Service Desk provides coordination for the associated internal and external support groups. It man-ages and coordinates the service management processes incident management, change management, configura-tion management, release management, and problem management.

During the standard service phase, the Service Desk responsibilities include:

• Management of all electronic communication with customers - telephone, e-mail, fax.

• Logging telephonic and e-mail requests for service.

• Processing incident tickets, failure/problem notifications.

• Monitoring system performance parameters.

• Providing and managing all escalation triggers.

• Maintaining service incidents database; and

• Acting as interface between third party support, responsible for service request management when service requests are allocated to third party support.

A service desk incident is defined as a degradation or failure of service or as a request for new service by a user.

The vendor Service Manager incident management process restores normal service operation as quickly as pos-sible and minimizes the adverse impact on business.

The secondary mission is to provide new installations, moves, additions, and changes to a user's service as quickly as possible to improve availability and quality of service. This ensures the best possible level of service quality and availability are maintained.

An incident may be reactive or proactive. A reactive incident is a response to a service outage or degradation re-ported by an end user. A proactive incident is discovered before it can degrade the service. Each incident com-municated to the service desk will be collected in an incident tracking system using an agreed-on incident ticket form. The incident form proposed will provide enough information to allow problem resolution, including, at a minimum, the initial problem description, escalation details (priority, times, and contacts), and full incident closure description.

The vendor must provide a distributed approach to Network Monitoring. The satellite engineers must use secure remote access via VPN our dedicated NOC server to track systems for which they are responsible.

The vendor will provide a phone number for 24/7/365 support for troubleshooting network problems. The vendor’s Network Operation Center (NOC) must be available 24/7/365 to support troubleshooting satellite ter-minal, or subscription network problems. They will provide phone numbers and other contact information and work closely with the Sponsor’s NOC to resolve field outages and issues.

The vendor will provide verbal or written reports for any degradation or reduction in specified service level for individual satellite communications links or terrestrial services. Initial reports will be reported by phone within 10 minutes of detection, and trouble tickets submitted within 30 minutes and updated hourly until restoration.

Conference calls with for outages over 120 minutes will include the vendor PM, and for outages over 240 minutes with senior management will participate.

The vendor will work to meet the requirements listed in the Quality Assurance and Surveillance Plan (QASP), and can provide our draft QASP for similar engagements, upon award.

Trouble reports will contain at a minimum, the following items:

• Circuits involved

• Description of outage or major incident

• Root Cause

• Corrective Actions Plan and schedule

• Other matters contractor or customer feel appropriate for this forum

• Will forward After Action Report (AAR) of network issues to customer

The vendor must provide web access to monitoring software that will provide updated graphing, through put and circuit availability at near real-time. Traffic reports are retained for a minimum of one (1) year.

The POC for this contract, and for all program management must be designated and phone numbers and email addresses provided prior to installation.

The vendor must provide an escalation procedure using the format below:

Escalation Path Contact Description Contact Details Level 1 Service Desk – NOC (name) (phone number) (email address) Level 2 Service Desk – International NOC (name) (phone number) (email address) Level 3 NOC Manager (name) (phone number) (email address) Level 4 Global Operations Director (name) (phone number) (email address)

Unless otherwise directed by the U.S. Government, the vendor will obtain on behalf of the U.S. Government, from the foreign communication entity, all licensing (to include any and all HNA as required by host nations) and operation permits for managed sites that require an active registration consistent with any contractual re-quirements. This service includes obtaining as well as maintaining an active earth station licenses and operating rights; handling of invoices and fees; frequency registration forms; guarantees for control of frequencies, fre-quency surveys, and other local government stipulations required for each managed site specified.

The vendor will land the data in a satellite teleport with close access to the International Fiber Ring. This re-duces latency on terrestrial backhaul connections. The vendor must guarantee the Embassy connections, and have a 24x7x365 NOC to support trouble tickets, as well as planned and unplanned outages. The vendor must utilize software to verify Embassy uptime and throughput.

DEFENSE BASE ACT (DBA) INSURANCE

DBA insurance is required for all United States citizens or residents and individuals hired in the United States, regardless of citizenship for any construction and services for U. S. overseas contracts over US$3,500.00. DBA insurance is also required for all Host Country Nationals (HCNs) and Third Country Nationals (TCNs) working overseas unless waved by the Department of Labor (DOL).

Only the countries listed currently on the DOL’s Active DBA Waivers are not required to have DBA insurance for Host Country Nationals (HCNs) and Third Country Nationals (TCNs). See website for country waivers:

https://www.dol.gov/owcp/dlhwc/dbawaivers/dbawaivers.htm). The waiver is only valid if alternative worker’s compensation benefits are provided to the waived employees pursuant to applicable local law. If there are no local worker’s compensation laws, the waiver has no effect and HCN and TCN (if applicable by local law) working under a U. S. contract shall be included and covered under the DBA.

The DBA insurance may be obtained from any authorized DBA insurance broker, see FAR52.228 3 WORK- ER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) (APR1984). New DBA insurances policies can be purchased directly from any DOL approvedinsurance carrier. A list of DOL approved carriers may be found at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.

The Contractor will be reimbursed for DBA only to the extent the contractor provides documentary proof that DBA has been paid and only to the extent quoted in the Pricing Schedule.

DBA insurance cost will be evaluated as part of the total evaluated fixed price and included in the fixed price of the contract. Where DBA is applicable, the Contractor will be required to provide evidence of insurance (certification of coverage and a paid invoice) within 15 calendar days from the date of award.

Due to the fact that Cameroon currently does not have an active waiver list, DBA insurance is required for all personnel performing under this contract.

Quality Assurance and Surveillance Plan (QASP).

This plan is designed to provide an effective surveillance method to promote effective contractor performance.

The QASP provides a method for the Contracting Officer's Representative (COR) to monitor contractor per-formance, 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 the services set forth in the performance work statement (PWS)

C.1. Requirements . Service Support and Contingencies

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

Section 1- Solicitation/Contract Form

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.

(b) The COR name is going to be provided upon award.

(End of clause)

Section 2- Contract Clauses

Clause Title

52.203-3 Gratuities (Apr 1984)

52.203-13 Contractor Code of Business Ethics and Conduct (Jun 2020)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

(Jun 2020)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.229-6 Taxes-Foreign Fixed-Price Contracts (Feb 2013)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.244-6 Subcontracts for Commercial Items (Jun 2020)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

(a) Definitions. As used in this clause--

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first pro-duced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Govern-ment during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any oth-er source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected or-ders in the report provided at https://dibnet.dod.mil.

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

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) num-ber, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall de-scribe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all informa-tion posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's re-cord.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the in-formation, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Free-dom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of In-formation Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree-ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con-tract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requir-ing the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap-pearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jun 2020)

(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 ac-quisitions 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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 Rein-vestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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…