Solicitation package 19GE5023R0014.pdf

AMERICAN CONSULATE GENERAL

Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main

Germany

Tel: +49 60 7535 3317

Email: Yarashevitshk@state.gov

February 8, 2023

Subject: Solicitation No.: 19GE5023R0014

Cell Phone Services

U.S. Embassy Juba, South Sudan

Dear Ladies and Gentlemen, The Regional Procurement Support Office (RPSO) would like to invite your company to submit a proposal for Cell Phone Services for the U.S. Embassy Juba, South Sudan. This solicitation may result in issuance of a firm fixed-price Indefinite-Delivery Indefinite-Quantity contract for one (1) base year with four one-year optional periods to renew.

Use of the specifications for purposes other than submitting a proposal under this solicitation is prohibited. All discussions pertaining to these services will be in the English language. If you intend to submit a proposal, you should thoroughly examine all documents contained in the solicitation package.

Questions shall be submitted as soon as possible but not later than Wednesday, February 22, 2023, by 16:00 hours Central European Time (CET). Any questions you may have concerning the solicitation document should be submitted in writing via email to Katsiaryna Yarashevitsh:

Yarashevitshk@state.gov and copy to FrankfurtRPSO@state.gov so that a response can be provided prior to the solicitation closing date.

The proposal shall be submitted as a pdf document emailed to Yarashevitshk@state.gov and copy to

FrankfurtRPSO@state.gov as soon as possible but not later than Friday, March 10, 2023 by 16:00 hours Central European Time (CET). The email subject line must read “Proposal

19GE5023R0014”. The email size shall not exceed 45MB.

No proposal will be accepted after the specified time.

Each offeror will be responsible for determining the amount of labor that will be required to complete the services, and for pricing their proposal accordingly. Further, each offeror is responsible for furnishing complete information to its subcontractors. Subcontractors shall not be referred to the U.S.

Government concerning the requirement.

mailto:Yarashevitshk@state.gov mailto:FrankfurtRPSO@state.gov mailto:Yarashevitshk@state.gov mailto:FrankfurtRPSO@state.gov

The Contracting Officer reserves the right to reject any and all proposals and to waive any information or minor irregularities in proposals received. In addition, the Contracting Officer reserves the right to establish a competitive range of one or more offerors and to conduct further negotiations concerning price and other terms before awarding a contract, or to award the contract based upon initial proposals received without holding discussions.

Thank you for your interest in this U.S. Government procurement project.

Any questions regarding this solicitation should be directed to Katsiaryna Yarashevitsh, Contract

Specialist, tel: (+49) 69 7535 3317, or email: Yarashevitshk@state.gov.

Sincerely, Nicolas A. Wilhelm

Contracting Officer

//S// mailto:Yarashevitshk@state.gov

SOLICITATION

DOCUMENT

Project Description:

Mobile telephone services for

U.S. Embassy Juba, South Sudan

Solicitation No. 19GE50-23-R-0014

U.S. Consulate General Regional Procurement Support Office

Giessener Strasse 30

60435 Frankfurt am Main, Germany

19GE5023R0014

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

19GE5023R0014

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

DATE

02/10/2023

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Katsiaryna Yarashevitsh

b. TELEPHONE NUMBER (No collect calls)

c. EMAIL YarashevitshK@state.gov

8. OFFER DUE DATE / LOCAL

TIME

CODE FRANK

AMERICAN CONSULATE GENERAL FRANKFURT

GIESSENER STRASSE 30

ATTN: RPSO

60435, FRANKFURT, 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:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

JUBA_CODE15. DELIVER TO

AMERICAN EMBASSY SOUTH SUDAN

U.S. EMBASSY, JUBA, SOUTH SUDAN

CODE OPEAQM16. ADMINISTERED BY

RPSO Frankfurt OPE/AQM/IP/RPSO Frankfurt Office of Acquisition (AQM) Frankfurt

FACILITY

CODE

CODE

Contact UEI:

Telephone No.

17a. CONTRACTOR/

OFFEROR

OPEAQMCODE18a. PAYMENT WILL BE MADE BY

US EMBASSY JUBA

U.S. EMBASSY JUBA, KOLOLO RD, MAIN ENTRANCE

ATTN: STATE MGMT (JubaInvoices@state.gov)

JUBA, SOUTH SUDAN

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

31c. DATE SIGNED 02/10/2023

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

CGFS // CGFS

Line Item Summary

Solicitation Number:

19GE5023R0014

Contract Number: Title: SSD - Mobile cell phone services

Date of Solicitation:

02/10/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

001 Base Year

CLIN 0001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

CLIN 0002 Local Calls to/within provider’s Network CLIN 0003 Local Calls to other Networks

CLIN 0004 Data Service 4GB

CLIN 0005 International Calls: Washington, DC

CLIN 0006 International Calls to Countries in East Africa

CLIN 0007 International Calls to the rest of the World

CLIN 0008 International Roaming: Incoming Calls

CLIN 0009 International Roaming: Outgoing Calls Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 SV

002 First Option Year

CLIN 1001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

CLIN 1002 Local Calls to/within provider’s Network CLIN 1003 Local Calls to other Networks

CLIN 1004 Data Service 4GB

CLIN 1005 International Calls: Washington, DC

CLIN 1006 International Calls to Countries in East Africa

CLIN 1007 International Calls to the rest of the World

CLIN 1008 International Roaming: Incoming Calls

CLIN 1009 International Roaming: Outgoing Calls Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 SV

003 Second Option Year

CLIN 2001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

CLIN 2002 Local Calls to/within provider’s Network CLIN 2003 Local Calls to other Networks

CLIN 2004 Data Service 4GB

CLIN 2005 International Calls: Washington, DC

CLIN 2006 International Calls to Countries in East Africa

CLIN 2007 International Calls to the rest of the World

CLIN 2008 International Roaming: Incoming Calls

1.00 SV

Line Item Summary

Solicitation Number:

19GE5023R0014

Contract Number: Title: SSD - Mobile cell phone services

Date of Solicitation:

02/10/2023

Line Item No.

Description Quantity Unit Unit Price Total Cost

CLIN 2009 International Roaming: Outgoing Calls Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

004 Third Option Year

CLIN 3001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

CLIN 3002 Local Calls to/within provider’s Network CLIN 3003 Local Calls to other Networks

CLIN 3004 Data Service 4GB

CLIN 3005 International Calls: Washington, DC

CLIN 3006 International Calls to Countries in East Africa

CLIN 3007 International Calls to the rest of the World

CLIN 3008 International Roaming: Incoming Calls

CLIN 3009 International Roaming: Outgoing Calls Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 SV

005 Fourth Option Year

CLIN 4001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

CLIN 4002 Local Calls to/within provider’s Network CLIN 4003 Local Calls to other Networks

CLIN 4004 Data Service 4GB

CLIN 4005 International Calls: Washington, DC

CLIN 4006 International Calls to Countries in East Africa

CLIN 4007 International Calls to the rest of the World

CLIN 4008 International Roaming: Incoming Calls

CLIN 4009 International Roaming: Outgoing Calls Type of Contract Pricing: FFP

Doc Ref No:

Delivery Date FOB:

1.00 SV

Section A - Solicitation/Contract Form

TABLE OF CONTENTS

Section I - The Schedule

- SF 1449 cover sheet

- Continuation To SF-1449, RFP Number 19GE5023R0014, Prices, Block 23

- Continuation To SF-1449, RFP Number 19GE5023R0014, Schedule of Supplies/Services, Block 20 Description/

Specifications/Work Statement

- Attachment A: W-14 form

- Attachment B: W-14 instructions

Section II - Contract Clauses

- Contract Clauses

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

Section III - Solicitation Provisions

- Solicitation Provisions

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

Section IV - Evaluation Factors

- Evaluation Factors

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

Section V - Representations and Certifications

- Offeror Representations and Certifications

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

SECTION I - THE SCHEDULE

I. PERFORMANCE WORK STATEMENT

A. The purpose of this firm fixed price Indefinite-Delivery Indefinite-Quantity (IDIQ) contract is to provide for mobile telephone services to the Embassy of the United States of America in Juba in accordance with the Statement of Work. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed.

B. This is an IDIQ type of contract against which task orders may be placed. The quantities set forth in the pricing section are estimates for evaluation purposes only; the Government does not guarantee that such quantities will be ordered. The contract will be for a one-year period from the date of the contract award, with four (4) one-year options.

C. The Firm-Fixed Price shall include all materials, equipment, labor, overhead, profit, general liability insurance, and transportation necessary to deliver the required services. No additional sums will be payable on account of any escalation in the cost of materials, equipment, transportation, general liability insurance or labor, or because of the Contractor's failure to properly estimate or accurately predict the cost, or difficulty in achieving the results required by this contract. The contract price will not be adjusted because of fluctuations in currency exchange rates. Changes in the contract price, or time to complete, will be made only for changes made by the Government in the work to be performed, or by delays caused by the Government. Any costs not priced will be considered to be included in the overhead and other indirect costs.

D. The general liability policy required of the Contractor shall name “the United States of America” as additional insured. The general liability insurance shall be as required by law or as ordinarily obtained in the location of the work. The limit of such insurance shall be as provided by law or sufficient to meet normal and customary claims. The Contractor agrees that the Government shall not be responsible for personal injuries or for damages to Government’s property in Contractor’s custody, any property of the Contractor, its officers, agents, servants, and employees, or any other person, arising from, and incident to, the Contractor's performance of the work detailed herein. The Contractor shall hold harmless and indemnify the Government from any and all claims arising therefrom, except in the instance of gross negligence on the part of the Government. The Contractor shall submit evidence of general liability insurance within 10 calendar days after award.

E. Value Added Tax (VAT). Value Added Tax (VAT) is not applicable to this contract and shall not be included in the contract line item numbers (CLINs) rates or invoices because the U.S. Embassy has a tax exemption certificate from the host government.

F. Minimum and Maximum Amounts: During life of this contract, the Government shall place orders totaling a minimum of $5,000.00 or local currency equivalent. This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed $300,000.00 or local currency equivalent, which reflects the contract maximum.

G. James Zadroga 9/11 Victims Health and Compensation Act of 2010 Notice: Unless a waiver or exception applies, payments subsequent to this procurement are subject to an excise tax of 2% pursuant to 26 U.S.C. 5000C.

II. PRICING

BASE YEAR

A B C D E F CLIN Description Unit Estimated Monthly

Quantity* Firm-Fixed Unit Price

Amount [D x E]

0001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

Minutes per month 2500

0002 Local Calls to/within provider’s Network

Minutes per month 800

0003 Local Calls to other Networks

Minutes per month 800

0004 Data Service 4GB Users per month 286 0005 International Calls:

Washington, DC Minutes per month 100

0006 International Calls to Countries in East Africa

Minutes per month 50

0007 International Calls to the rest of the World

Minutes per month 50

0008 International Roaming: Incoming Calls

Minutes per month 20

0009 International Roaming: Outgoing Calls

Minutes per month 20

Total Firm Fixed-Price (CLINs 0001-0009)

* Estimated quantity for evaluation purposes only. Actual number may be lower or higher than the estimates in the solicitation/contract.

FIRST OPTION YEAR

A B C D E F CLIN Description Unit Estimated Monthly

Quantity* Firm-Fixed Unit Price

Amount [D x E]

1001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group-

Minutes per month 2500

CUG) (286 lines x 12 months)

1002 Local Calls to/within provider’s Network

Minutes per month 800

1003 Local Calls to other Networks

Minutes per month 800

1004 Data Service 4GB Users per month 286 1005 International Calls:

Washington, DC Minutes per month 100

1006 International Calls to Countries in East Africa

Minutes per month 50

1007 International Calls to the rest of the World

Minutes per month 50

1008 International Roaming: Incoming Calls

Minutes per month 20

1009 International Roaming: Outgoing Calls

Minutes per month 20

Total Firm Fixed-Price (CLINs 1001-1009)

* Estimated quantity for evaluation purposes only. Actual number may be lower or higher than the estimates in the solicitation/contract.

SECOND OPTION YEAR

A B C D E F CLIN Description Unit Estimated Monthly

Quantity* Firm-Fixed Unit Price

Amount [D x E]

2001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

Minutes per month 2500

2002 Local Calls to/within provider’s Network

Minutes per month 800

2003 Local Calls to other Networks

Minutes per month 800

2004 Data Service 4GB Users per month 286 2005 International Calls:

Washington, DC Minutes per month 100

2006 International Calls to Countries in East Africa

Minutes per month 50

2007 International Calls to the rest of the World

Minutes per month 50

2008 International Roaming: Incoming Calls

Minutes per month 20

2009 International Roaming: Outgoing Calls

Minutes per month 20

Total Firm Fixed-Price (CLINs 2001-2009)

* Estimated quantity for evaluation purposes only. Actual number may be lower or higher than the estimates in the solicitation/contract.

THIRD OPTION YEAR

A B C D E F CLIN Description Unit Estimated Monthly

Quantity* Firm-Fixed Unit Price

Amount [D x E]

3001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

Minutes per month 2500

3002 Local Calls to/within provider’s Network

Minutes per month 800

3003 Local Calls to other Networks

Minutes per month 800

3004 Data Service 4GB Users per month 286 3005 International Calls:

Washington, DC Minutes per month 100

3006 International Calls to Countries in East Africa

Minutes per month 50

3007 International Calls to the rest of the World

Minutes per month 50

3008 International Roaming: Incoming Calls

Minutes per month 20

3009 International Roaming: Outgoing Calls

Minutes per month 20

Total Firm Fixed-Price (CLINs 3001-3009)

* Estimated quantity for evaluation purposes only. Actual number may be lower or higher than the estimates in the solicitation/contract.

FOURTH OPTION YEAR

A B C D E F CLIN Description Unit Estimated Monthly

Quantity* Firm-Fixed Unit Price

Amount [D x E]

4001 Local Calls: Calls within Embassy “Mobile” Group (Closed User Group- CUG) (286 lines x 12 months)

Minutes per month 2500

4002 Local Calls to/within provider’s Network

Minutes per month 800

4003 Local Calls to other Networks

Minutes per month 800

4004 Data Service 4GB Users per month 286 4005 International Calls:

Washington, DC Minutes per month 100

4006 International Calls to Countries in East Africa

Minutes per month 50

4007 International Calls to the rest of the World

Minutes per month 50

4008 International Roaming: Incoming Calls

Minutes per month 20

4009 International Roaming: Outgoing Calls

Minutes per month 20

Total Firm Fixed-Price (CLINs 4001-4009)

* Estimated quantity for evaluation purposes only. Actual number may be lower or higher than the estimates in the solicitation/contract.

State Currency: __________________

Summary:

Total Base Year __________________ Total First Option Year __________________ Total Second Option Year __________________ Total Third Option Year __________________ Total Fourth Option Year __________________

Grand total (estimated contract amount): __________________

CONTINUATION TO SF-1449,

RFP NUMBER 19GE5023R0014

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. INTRODUCTION

1.1 PERFORMANCE WORK STATEMENT

The purpose of this firm-fixed price contract is to obtain mobile telephone services for U.S. Embassy Juba, South Sudan. The U.S.

Embassy is using up to 286 lines for official purposes. The Contractor shall provide complete mobile telephone services for U.S.

Embassy in Juba.

Services provided shall include:

Calls within South Sudan International Calls International Roaming Wireless Application Protocol (WAP) SMS Messaging Voice Mail 24-hour Customer Service Detailed Billing of Calls Made Data Services

The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the COR must be immediately informed of any problems and their resolution.

1.2 CALLS WITHIN SOUTH SUDAN

The Contractor shall ensure on a 24-hour basis at least 90% local network coverage around South Sudan with special consideration to all urban areas and main traffic routes.

1.3 INTERNATIONAL CALLS

The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all European countries, and all other worldwide countries that telephone services are available.

1.4 INTERNATIONAL ROAMING

The Contractor shall provide as extensive international roaming connectivity as possible, with the special interest of the Government for roaming within all East Africa, Europe, and the USA.

1.5 WIRELESS APPLICATION PROTOCOL (WAP)

The Contractor shall provide Internet connection through their network to the Wireless Application Protocol (WAP) Internet sites.

1.6 SMS MESSAGING

The Contractor shall provide access to around the clock SMS messaging.

1.7 VOICE MAIL

The Contractor shall provide Voice Mail services in English Language. A Voice Mail Box shall be prepared for each number separately as per standard practice.

1.8 CUSTOMER SERVICE

The Contractor shall provide technical support for setting up voice mail, roaming questions, questions on the phone features, number changes, lost or stolen telephone reporting, manufacturer’s warranty information, and all other matters concerning the mobile telephone services through the Contractor’s Project Manager.

1.9 DETAILED BILLING

1.9.1 The Contractor shall provide a monthly breakdown of calls made by individual numbers. The breakdown shall clearly show:

Called Number Time and Date of the Call Duration of the Call Price

1.9.2 The monthly lists of calls made shall be forwarded to the Contracting Officer’s Representative (COR) until the end of each current month for the previous month to the following address:

U.S. Embassy - Juba Kololo Road Nex to European compound Juba, South Sudan

2. INVOICING

The Contractor shall submit monthly invoices to the COR at the address shown in paragraph d below. A proper invoice must include the following information:

Contractor's name and bank account information for payments by wire transfers Invoice Date Contract Number

A summary showing a listing of each line with total monthly price in local currency for that line. A detailed invoice for each agency has to be attached to each summary invoice and should include the cost breakdown by each telephone line according to the pricing schedule A detailed list of all calls made for each line Prompt payment discount, if any Name, title, phone number, and address of person to contact in case of defective invoice

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

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

The Contractor will send all invoices to the following address:

Management Office U.S. Embassy - Juba Kololo Road Nex to European compound Juba, South Sudan

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

(f) The Government will provide annual proof of a direct exemption of Value Added Tax (VAT), according to host country VAT laws.

3. KEY PERSONNEL

3.1 The Project Manager must be able to converse in English. The Contractor shall assign to this contract the following key person:

POSITION/FUNCTION ___________________ NAME _________________

Project Manager

3.2 During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions.

3.3 After the first 90 days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer.

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

4. PERMITS

Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable South Sudan country laws.

5. GOVERNMENT FURNISHED PROPERTY

5.1 The Government intends to use Government Owned Equipment and Accessories as listed in section 5.2. below. The Contractor shall provide a fully functional SIM card, telephone number, and appropriate security codes where applicable for all existing Government cellphones.

5.2 A list of Cell-Phone Types that the Government owns and intends to use with the services provided in this contract:

Smart phones

6. ADDITION OF NEW LINES

The Contractor will provide a fully functional SIM card, telephone number, and appropriate security codes where applicable to the COR within 24 hours after receiving a delivery order under the contract.

7. NON-OFFICIAL LINES

This Contract is valid only for official Government needs.

8. DISCLOSURE OF INFORMATION

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

9. 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:

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.

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

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.

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.

10. SPECIAL SHORT-TERM PROMOTION

For the entire contract duration, the Contractor will offer the U.S. Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by U.S. Embassy staff. The U.S. Embassy, at its own discretion, will have the option to take or reject the opportunity.

11. DELIVERY ORDERS

The Contracting Officer will issue delivery orders to order phone and services to the Contractor for performance of work under this contract.

12. TRAINING

The Contractor shall provide, at no additional cost, training to all U.S. Embassy employees who received a mobile phone. Training to be provided will include the proper operation of the equipment purchased and the equipment’s operating features. The training will be coordinated with the COR to match the U.S. Embassy work schedule.

13. CUSTOMER SERVICE CENTERS

The Contractor is to provide a telephone number for the purpose of reporting equipment problems and malfunctions, billing inquiries, and customer question regarding accounts and services.

14. SURVIVABILITY AND RECOVERY

The Contractor shall have a working system of network survivability in case of emergencies and serious disasters when all networks may be jammed or when parts of the network are destroyed.

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

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.

Performance Objective Scope of Work Para Performance Threshold Services.

Performs all telephone, data and cell phone services set forth in the scope of work.

1. thru 14. All required services are performed and no more than two (2) customer complaints are received per month.

a) SUVEILLANCE. The COR will receive and document all complaints from Government personnel regarding the services provided.

If appropriate, the COR will send the complaints to the Contractor for corrective action.

b) STANDARD. The performance standard is that the Government receives no more than two (2) customer complaint per month.

The COR shall notify the Contracting Officer of the complaints so that the Contracting Officer may take appropriate action to enforce the inspection clause (FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services), if any of the services fail to meet the standard.

c) PROCEDURES.

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

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

(3) If the COR determines the complaint is invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written complaint for his/her files.

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

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

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

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

(8) Repeat customer complaints are not permitted for any services. If a repeat customer complaint is received for the same deficiency during the service period, the COR will contact the Contracting Officer for appropriate action under the Inspection clause.

15. OTHER PERTINENT INFORMATION OR SPECIAL CONSIDERATIONS

15.1 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.

15.2 Restrictions on subcontracting

The Contractor shall not subcontract for any of the of the direct labor services required under this contract

16. CONTRACT ADMINISTRATION DATA

All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer and the Procurement Executive shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual.

This contract will be administered as follows:

Contracting Officer:

Nicolas A. Wilhelm Contracting Officer Deputy Director, Regional Procurement Support Office (RPSO)

Authorized Alternate Contracting Officer(s):

Eric N. Moore Contracting Officer Director, Regional Procurement Support Office (RPSO)

Contract Administrator:

Katsiaryna Yarashevitsh, Contract Specialist American Consulate General Frankfurt Giessener Strasse 30 60435 Frankfurt am Main Germany Telephone Number: 49-069-7535-3317 Email: Yarashevitshk@state.gov

Contracting Officer’s Representative (COR):

*To be designated on award.

SECTION II - CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Dec 2022) is incorporated by reference (see SF-1449, Block 27A).

Addendum to FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022)

The whistleblower protection of 41 U.S.C 4712 has been removed from paragraph (r) of FAR clause 52.212-4. The following revised paragraph applies:

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit;

40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 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.

(End of Clause)

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Dec 2022)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (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 indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (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. (Nov 2021) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.

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

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O.

13693).

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

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

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

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

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

_X_ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.

3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C.

2631).

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the…