cellphones_solicitation_package_posted_on_fed_biz_opps_april_29.docx

SPL90013Q0003

American Embassy in Warsaw Al. Ujazdowskie 29/31 00-540 Warszawa

Dear Prospective Offeror, Subject: Request for Quotations number SPL900-13Q0003

Enclosed is a Request for Quotations (RFQ) for mobile telephone services. If you would like to submit a quotation, follow the instructions in Section 4 of the solicitation, complete the required portions of the attached document, and submit it to the following address:

American Embassy in Warsaw GSO – Jennie Young Al. Ujazdowskie 29/31 00-540 Warszawa

Please submit your quotation in a sealed envelope marked "Quotation Enclosed" to the above address. The deadline for receipt of quotations is 4:00 p.m. local time, on Tuesday, May 28. No quotations will be accepted after this time.

In order for a quotation to be considered, you must also complete and submit the following:

· SF-1449 (block 17, 24 and 30). Block 24 should list the total value of the quote for the base year and the option years.

· SECTION 1, THE SCHEDULE, Part III 1.1 – 4.3

· SCHEDULE OF SERVICES 3.1

· Additional Information as required in Section 3, paragraph A, subsections A.1. and A.2. including evidence that the offeror has all licenses and permits required by local law. In order to be registered as a mobile network operator (MNO) an offeror needs a concession for providing telecommunication services from Urzad Komunikacji Elektronicznej (UKE) and have a KRS number or registered as a Mobile Virtual Network Operators (MVNO) with the UKE.

· SECTION 5, Representations and Certifications

A pre-proposal conference has been scheduled for Tuesday, May 14, at 10:00 at the U.S. Embassy General Services Office, ul. Piękna 14 A, 00-539 Warszawa. If you wish to participate in this meeting, please confirm your attendance by submitting the following information to the address: kalinowsmx@state.gov, no later than May 13 at 12:00:

· Company’s name

· First and last name

Direct any questions regarding this solicitation in writing to Jennifer Young, Contracting Officer. Questions must be written in English and send in advance of the pre-proposal conference via email to youngjl2@state.gov with a copy to kalinowsmx@state.gov by COB Thursday, May 9.

The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so.

Sincerely,

Enclosure: As Stated.

TABLE OF CONTENTS

Section 1 - The Schedule

· SF 1449 cover sheet

· Continuation To SF-1449, RFQ Number SPL900-13-Q-0003, Prices, Block 23

· Continuation To SF-1449, RFQ Number SPL900-13-Q-0003, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement

Section 2 - Contract Clauses

· Contract Clauses

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

Section 3 - Solicitation Provisions

· Solicitation Provisions

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

Section 4 - Evaluation Factors

· Evaluation Factors

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

Section 5 - Representations and Certifications

· Representations and Certifications

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

SECTION 1 – THE SCHEDULE

I. SCOPE OF CONTRACT

The contractor shall provide mobile telephone services to U.S. Embassy in Warsaw, Poland. 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.

Temporary Additional Services are defined as rental on a daily basis of cell phone with SIM card as described in the Performance Work Statement in paragraph 1.9. These services shall support special events at the Post. The Contractor shall provide these services in addition to the scheduled services specified in this contract. The Contracting Officer shall order these services on an as needed basis. This work shall not be subcontracted. The Contracting Officer may require the Contractor to provide temporary additional services with 24 hour advance notice.

The Contractor shall include in its next regular invoice details of the temporary additional services and, if applicable, materials, provided and requested under temporary additional services. The Contractor shall also include a copy of the Contracting Officer’s written confirmation for the temporary additional services.

II. PERIOD OF PERFORMANCE

The contract will be for a one-year period from the date of the contract award, with three one-year options to renew. Following the contract award the Contractor will be given at the minimum 30 calendar days as a preparation phase necessary for transfer of services between the previous contractor/operator and the contractor/operator responsible for this Mobile Phone services contract. The proper hand-over of the Mobile Phone services between the former and latter operators will be midnight July 12, 2013. There will be no voice, SMS, MMS, Blackberry or any other chargeable services under this contract during the above-mentioned preparation phase. The penalty fee for transfer of current Embassy contracts as of July 12, 2013 is PLN 2,300.00 net . Payment of the fee will be the Contractor’s responsibility.

III. PRICING

STANDARD SERVICES for Base Year - Estimated Quantities (starting on the date of contract award and continuing for a period of 12 months)

III.1 OFFERS AND PAYMENT IN U.S. DOLLARS - U.S. firms are eligible to be paid in U.S. dollars. U.S. firms desiring to be paid in U.S. dollars should submit their offers in U.S. dollars. A U.S. firm is defined as a company which operates as a corporation incorporated under the laws of a state within the United States.

FOREIGN FIRMS - Any firm, which is not a U.S. firm, is a foreign firm. Any firm that does not meet the above definition of U.S. firm shall submit its prices in Polish zloty (PLN) and receive payment in Polish zloty (PLN).

Invoices will be paid within 30 (thirty) days using the currency within Section 1, paragraph III.2 through III.

All item-priced in the following price tables are without VAT

III. 1.1 Calls, SMS, MMS and Data Originating from Embassy Mobile Devices.

DESCRIPTION – REGARDING THE BASIC (Tri World Band) MOBILE PHONES

186,300 minutes

(1.B.) Calls to/within other operators’ Network(s) i.e. domestic roaming

221,500 minutes

2,100 min

(2.B.) Calls to the European Union

2,100 min

7,250 min

(3.B.) U.S.A. – Incoming Calls from the USA

7,250 min

(3.C.) EUROPE -Outgoing Calls to the European Union

7,250 min

(3.D.) EUROPE -Incoming Calls from the European Union

7,250 min

4. SMS messaging within Poland (24 hours a day, 365/366 days in a year)

185,000SMS

5. International SMS messaging (24 hours a day, 365/366 days in a year) - outgoing only

3,600 SMS

6. International SMS roaming (24 hours a day, 365/366 days in a year)

7,200 SMS

7. GPRS data transmission (24 hours a day, 365/366 days in a year) in Poland including Blackberry

103,500,000 kB

8. Total estimated amount for all cell phone and data usage in the BASE YEAR

III.1.2. Fixed BASE YEAR monthly charges (flat fees) for mobile units

DESCRIPTION – BASIC (Tri World Band) MOBILE PHONES and BLACKBERRY PHONES

9. MOBILE PHONE – Service Rate Plan Subscription

10. BLACKBERRY – Monthly fee for BlackBerry service for full (enterprise) version

11. Total estimated BASE YEAR Fixed Monthly Charges for Mobile Phone and BlackBerry units

III.1.3. Fixed BASE YEAR Prices for new handsets with a 2-year replacement cycle

12. BLACKBERRY 9000 Series handsets (Blackberry is the only brand approved by Washington) with a 2-year replacement cycle for an upgraded model

13. BASIC Tri World Band Mobile Phone with a MMS capability with a 2-year replacement cycle for an upgraded model

14. Total price for the Mobile Phones delivered in the BASE YEAR

Total Annual fixed price for Standard Service (i.e. the sum of prices in row 8 of the table III.1.1 + in row 11 of the table III.1.2 + in row 14 of the table III.1.3 above) for THE BASE YEAR:

TOTAL WITH VAT VALUE_______________________________

STANDARD SERVICES for First Option Year - Estimated Quantities (starting on the date of contract award and continuing for a period of 12 months)

III. 2.1 Calls, SMS, MMS and Data Originating from Embassy Mobile Devices.

186,300 minutes

(1.B.) Calls to/within other operators’ Network(s) i.e. domestic roaming

221,500 minutes

2,100 min

(2.B.) Calls to the European Union

2,100 min

7,250 min

(3.B.) U.S.A. – Incoming Calls from the USA

7,250 min

(3.C.) EUROPE -Outgoing Calls to the European Union

7,250 min

(3.D.) EUROPE -Incoming Calls from the European Union

7,250 min

4. SMS messaging within Poland (24 hours a day, 365/366 days in a year)

185,000SMS

5. International SMS messaging (24 hours a day, 365/366 days in a year) - outgoing only

3,600 SMS

6. International SMS roaming (24 hours a day, 365/366 days in a year)

7,200 SMS

7. GPRS data transmission (24 hours a day, 365/366 days in a year) in Poland including Blackberry

103,500,000 kB

8. Total estimated amount for all cell phone and data usage in the BASE YEAR

III.2.2. Fixed First Option YEAR monthly charges (flat fees) for mobile units

9. MOBILE PHONE – Service Rate Plan Subscription

10. BLACKBERRY – Monthly fee for BlackBerry service for full (enterprise) version

11. Total estimated BASE YEAR Fixed Monthly Charges for Mobile Phone and BlackBerry units

Total Annual fixed price for Standard Service (i.e. the sum of prices in row 8 of the table III.2.1 + in row 11 of the table III.2.2 above) for FIRST OPTION YEAR:

TOTAL WITH VAT VALUE ______________________________

STANDARD SERVICES for Second Option Year - Estimated Quantities (starting on the date of contract award and continuing for a period of 12 months)

III. 3.1 Calls, SMS, MMS and Data Originating from Embassy Mobile Devices

186,300 minutes

(1.B.) Calls to/within other operators’ Network(s) i.e. domestic roaming

221,500 minutes

2,100 min

(2.B.) Calls to the European Union

2,100 min

7,250 min

(3.B.) U.S.A. – Incoming Calls from the USA

7,250 min

(3.C.) EUROPE -Outgoing Calls to the European Union

7,250 min

(3.D.) EUROPE -Incoming Calls from the European Union

7,250 min

4. SMS messaging within Poland (24 hours a day, 365/366 days in a year)

185,000SMS

5. International SMS messaging (24 hours a day, 365/366 days in a year) - outgoing only

3,600 SMS

6. International SMS roaming (24 hours a day, 365/366 days in a year)

7,200 SMS

7. GPRS data transmission (24 hours a day, 365/366 days in a year) in Poland including Blackberry

103,500,000 kB

8. Total estimated amount for all cell phone and data usage in the BASE YEAR

III.3.2. Fixed Second Option YEAR monthly charges (flat fees) for mobile units

9. MOBILE PHONE – Service Rate Plan Subscription

10. BLACKBERRY – Monthly fee for BlackBerry service for full (enterprise) version

11. Total estimated BASE YEAR Fixed Monthly Charges for Mobile Phone and BlackBerry units

III.2.3. Fixed Second Option YEAR Prices for new handsets with a 2-year replacement cycle

12. BLACKBERRY 9000 Series handsets (Blackberry is the only brand approved by Washington) with a 2-year replacement cycle for an upgraded model

13. BASIC Tri World Band Mobile Phone with a MMS capability with a 2-year replacement cycle for an upgraded model

14. Total price for the Mobile Phones delivered in the BASE YEAR

Total Annual fixed price for Standard Service (i.e. the sum of prices in row 8 of the table III.3.1 + in row 11 of the table III.3.2 + in row 14 of the table III.3.3. above) for the SECOND OPTION YEAR:

TOTAL WITH VAT VALUE_______________________________

STANDARD SERVICES for Third Option Year - Estimated Quantities (starting on the date of contract award and continuing for a period of 12 months)

III. 4.1 Calls, SMS, MMS and Data Originating from Embassy Mobile Devices.

186,300 minutes

(1.B.) Calls to/within other operators’ Network(s) i.e. domestic roaming

221,500 minutes

2,100 min

(2.B.) Calls to the European Union

2,100 min

7,250 min

(3.B.) U.S.A. – Incoming Calls from the USA

7,250 min

(3.C.) EUROPE -Outgoing Calls to the European Union

7,250 min

(3.D.) EUROPE -Incoming Calls from the European Union

7,250 min

4. SMS messaging within Poland (24 hours a day, 365/366 days in a year)

185,000SMS

5. International SMS messaging (24 hours a day, 365/366 days in a year) - outgoing only

3,600 SMS

6. International SMS roaming (24 hours a day, 365/366 days in a year)

7,200 SMS

7. GPRS data transmission (24 hours a day, 365/366 days in a year) in Poland including Blackberry

103,500,000 kB

8. Total estimated amount for all cell phone and data usage in the BASE YEAR

III.4.2. Fixed Third Option YEAR monthly charges (flat fees) for mobile units

9. MOBILE PHONE – Service Rate Plan Subscription

10. BLACKBERRY – Monthly fee for BlackBerry service for full (enterprise) version

11. Total estimated BASE YEAR Fixed Monthly Charges for Mobile Phone and BlackBerry units

Total Annual fixed price for Standard Service (i.e. the sum of prices in row 8 of the table III.4.1 + in row 11 of the table III.4.2 above) for THIRD OPTION YEAR:

TOTAL WITH VAT VALUE____________________________________

Base Year

Option Year 1

Option Year 2

Option Year 3

GRAND TOTAL (with VAT)

During this contract period, the Government shall place orders totaling a minimum of 1,23 PLN This reflects the contract minimum for this period of performance. The amount of all orders shall not exceed 2,000,000 PLN. This reflects the contract maximum for this period of performance.

CONTINUATION TO SF-1449

RFQ NUMBER: SPL900-13-Q-0003

INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

SCHEDULE OF SERVICES, BLOCK 20

1. PERFORMANCE WORK STATEMENT

This solicitation is for mobile telephone services. The Embassy is using 316 lines for official purposes. Of these 316 mobile phones 153 handsets shall be for Basic services only (Voice, SMS and where required MMS) and 163 shall be BlackBerry handsets for Basic services, Blackberry services and internet data usage. The Contractor shall provide complete mobile telephones services for the Embassy of the United States of America in Warsaw, Poland. Services provided shall include:

· Mobile Telephone equipment

· Blackberry

· Calls within Poland

· International calls

· International roaming

· Calls to Poland and International Directory inquiry numbers

· Calls to Premium Rate Services

· SMS messaging

· Voice Mail

· MMS messaging service

· Purchase of new hardware with or without SIM cards

· 24 hour Customer service

· Monthly Detailed Billing of calls, SMS/MMS and data made for each sub-account

· Data Services (unlimited Blackberry services and internet data usage within Poland and International

· VPN (calls using the Embassy four digit extensions)

· Retaining the same phone numbers for all key users while transferring to new operator

· Insurance for BlackBerry device during the 2 year of contract in case of damage, theft and other accidental circumstances

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.

1.1 EQUIPMENT PACKAGE

The basic package shall include but is not limited to the following items:

The approved by the Department of State models of BLACKBERRY handsets are:

RIM Blackberry 9810 Torch RIM Blackberry Bold 9780 RIM Blackberry Bold 9900 RIM Blackberry Curve 9300 RIM Blackberry Curve 9310 RIM Blackberry Curve 9330

Inclusion of the new BLACKBERRY handsets in the executed contract is contingent upon the availability of appropriated U.S. Government funds (from which payment for contract purposes can be made) at the time of the contract award and therefore it is optional.

The mobile phones that are recommended are:

Nokia C5-00 and its replacement Nokia Asha 302 and its replacement Nokia Asha 203 and its replacement Samsung S5610 and its replacement Samsung C3780 and its replacement Sasmung C3530 and its replacement

1.2 CALLS WITHIN POLAND

The contractor shall ensure on a 24-hour basis at least 95% local network coverage around the territory of Poland with special consideration to all urban areas and main traffic routes. Local network coverage shall be 100% in the following areas: American school in Konstancin, and Srodmiescie, Mokotow, Ochota, Wilanow, Sadyba, Ursynow – the locations of U.S. Government owned properties.

1.3 INTERNATIONAL CALLS

The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all the European Union 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 special interest of the Government for roaming within all the European Union countries, outside the EU and the USA.

1.5 SUBSCRIPTION PLAN

Subscription plan should include the following services provided free of charge:

· Calls within Embassy mobile group

· Calls to voice mail

· Keeping the phone active

· Detailed invoicing

1.6 SMS MESSAGING

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

1.7 VOICE MAIL

The Contractor shall provide Voice Mail services in English and Polish Languages. Voice Mail Box shall be prepared for each number separately as per standard practice. Provide number to access voicemail when roaming.

1.8. UNLIMITED BLACKBERRY SERVICE WITHIN POLAND

Regarding the 163 Blackberry handsets, see tables III.1.2; III2.2;III3.2; and III4.2 above, the Contractor shall provide unlimited Blackberry service within Poland.

1.9. PROVISION OF ADDITIONAL CELL-PHONES AND SIM CARDS

· The Contractor shall provide up to 50 extra SIM cards to the Embassy that will be kept “on vacation”, free of charge, with the ability to active them as well as activate the corresponding services (i.e. all of them or as required by the Embassy).

· The Contractor shall provide 50 extra SIM cards, if requested within 48 hours advance notice, to support special Embassy needs.

· The Contractor shall deliver simultaneously with this activation up to 20 handsets within 2 days of notice.

· The Contractor shall deliver an additional 80 handsets within the next 3 days, according to Government needs, for official visits; again free of charge, to be used with the above-mentioned extra cards for duration of the special need.

· Included with the cell-phones and SIM cards (if needed) should be English Instruction Manual, batteries, and phone chargers.

· The charges for activating these extra SIM cards and temporarily provided handsets shall be based on the same per minute PRICE AS IN SECTION1, paragraph III.

· With the end of the “special needs” period the handsets in question will be returned to the Contractor and the SIM cards put back “on vacation”.

1.10 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 and manufacturer’s warranty information, and all other matter concerning the mobile telephone services through the Contractor’s Project Manager.

1.11 DETAILED BILLING

The Contractor shall provide monthly breakdown of calls, SMS/MMS and data made by individual number for each sub-accounts of the Embassy. The breakdown shall clearly show:

· Called Number

· The Time And Date Of The Call

· The Duration Of The Call

· Price

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

U.S. Embassy in Warsaw Al. Ujazdowskie 29/31 00-540 Warszawa

2. INVOICING

(a) 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

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

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

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

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

(f) The Government will provide annual 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 and Polish. 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 Polish and/or EU country laws.

5. GOVERNMENT FURNISHED PROPERTY

The Government intends not to use Government Owned Equipment and Accessories. The contractor shall provide a fully functional SIM card, telephone number and appropriate security codes (PIN and PUK codes) for all newly purchased cell phones and Blackberry devices.

6. ADDITION OF NEW LINES

The contractor will provide a fully functional SIM card, telephone number and appropriate security codes (PIN and PUK codes) 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, and request changes within the scope of the contract. These changes may be required to improve performance, or react to changes in technology.

The contractor may propose for the Government’s technological refreshment substitution or addition for any provided product(s) or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has or has not formally announced for marketing purposes. This action is considered to be within the scope of the contract. At the option of the Government, a demonstration of the substitute product may be required. The Government is under no obligation to modify the contract in response to the proposed additions or substitution.

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

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

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

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

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

10. SPECIAL SHORT TERM PROMOTION

For the entire contract duration, the Contractor will offer the Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by Embassy staff. The 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. If an order is given orally, it will be followed up by a written delivery order within 7 days.

12. TRAINING

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

13. TRANSFER OF WARRANTY

Upon purchase of the phone, the warranty is transferred to the U.S. Government.

14. CUSTOMER SERVICE CENTERS

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

15. SURVIVABILITY AND RECOVERY

The contractor shall have a working system of survivability of the network in case of emergency and serious disaster 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.

16. TELEPHONE NUMBER TRANSFERS

The Contractor shall ensure that all current Embassy mobile and Blackberry phone numbers are transferred into the new contract free of charge to the Government, thereby retaining the same phone numbers. In other words, this means that all current Embassy mobile and Blackberry phone numbers will carry over from the existing (old) contract into the new one. This transfer of the mobile and Blackberry phone numbers shall be as smooth as possible with little to no inconvenience to the Embassy mobile-phone users.

17. END OF CONTRACT PERIOD

At the end of the contract, the Contractor shall allow the voicemail service to continue for an additional 45 days to inform callers of the new telephone number, if any.

SECTION 2 - CONTRACT CLAUSES

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (DEC 2012), is incorporated by reference.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERICAL ITEMS (FEB 2012), is incorporated by reference. (See SF-1449, block 27a).

Addendum – None

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2013)

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) ((22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g).

(2) 52.203-6, Protest After Award (Aug 1996) ((31 U.S.C. 3553).

__ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

__ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

__ (ii) Alternate I (Dec 2007) of 52.223-16.

__ X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

__ (ii) Alternate I (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1))

(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, 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 items. 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

ADDENDUM TO CONTRACT CLAUSES

FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at:

http://acquisition.gov/far/index.htmlor, http://farsite.hill.af.mil/search.htm

These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Dept. of State Acquisition Website at http://www.statebuy.state.gov to see the links to the FAR. You may also use an Internet “search engine” (e.g., Yahoo, Excite, Alta Vista, etc.) to obtain the latest location of the most current FAR.

THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE:

CLAUSE TITLE AND DATE

52.225-14 Inconsistency Between English Version and Translation of Contract (FEB 2000)

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas (APR 1984)

52.228-5 Insurance - Work on a Government Installation (JAN 1997)

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.216-18 ORDERING (OCT 1995)

1. Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through base period or option periods if exercised.

1. All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

1. If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

1. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1.23 PLN the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

1. Maximum order. The Contractor is not obligated to honor-

1. If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

1. This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

1. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.