SS-Internet_CI w CSCRM Niamey FY25.doc

U.S. Embassy Niamey

Date: 07/08/2025 Dear Prospective Quoter:

Subject: Request for Quotations number 19NG6025Q0008 Enclosed is a Request for Quotations (RFQ) for internet services. If you would like to submit quotation, follow the instructions in Section 3 of the solicitation, complete the required portions of the attached document, and submit it to the address shown on the Standard Form 1449 that follows this letter.

The U.S. Government intends to award a contract/purchase order to the responsible company submitting an acceptable offer at the lowest price. We intend to award a contract/purchase order 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.

The Embassy intends to conduct a pre-quotation conference at the site, The pre-proposal conference will be held on 07/15/2025 at 10:00 a.m. (local time) at the U.S. Embassy Niamey. Prospective offerors/quoters should contact the procurement section at NiameyGSOProcurement@state.gov by 07/11/2025 at 10:30 for additional information or to arrange entry to the building.

Quotations are due by 08/08/2025 at 17:00. No quotations will be accepted after this time. Proposals must be in English and incomplete proposals will not be accepted.

Your quotation must be submitted electronically to NiameyGSOProcurement@state.gov. It is important to make sure the submission is made in specific size and format; in MS-Word 2007/2010 or MS-Excel 2007/2010 or Adobe Acrobat (pdf) file format. The file size must not exceed 30MB. If the file size should exceed the 30MB, the submission must be made in separate files and attached to separate emails with less than 30MB each.

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

1. SF-1449

2. Section I, Pricing

3. Section 5 Representations and Certifications

4. Additional information as required in Section 3

5. The Offeror should submit a completed IRS Form W-14, found at www.irs.gov/w14, to ensure compliance with FAR 52.229-11

6. Proof of SAM Registration

7. CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT (C-SCRM) C-

SCRM Questionnaire and C-SCRM Software Producer Attestation Form State Department Secure Software Development Attestation Form Offerors shall be registered in the SAM (System for Award Management) database at https://www.sam.gov prior to submittal of their offer/proposal as prescribed under FAR 4.1102. Failure to be registered at time of proposal submission may deem the offeror’s proposal to be considered non-responsible and no further consideration will be given. Therefore, offerors are highly encouraged to register immediately if they are interested in submitting a response to this requirement.

Sincerely, Johnsen James L

Contracting Officer

Enclosure:

SF1449

Solicitation

Instructions for Form W-14 (08/2016)

Cybersecurity C-SCRM Questionnaire

C-SCRM Software Producer Attestation Form

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

3. AWARD/EFFECTIVE

DATE:

4. ORDER NUMBER

5. SOLICITATION NUMBER

19NG6025Q0008

6. SOLICITATION ISSUE DATE

07/08/2025

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

James Johnsen

b. TELEPHONE NUMBER (No collect calls)

0022720722661 X26132

8. OFFER DUE DATE: 8/8/2025

LOCAL TIME: 17:00 pm

9. ISSUED BY

CODE

AMERICAN EMBASSY NIAMEY

RUE DES AMBASSADES, B.P. 11201, ATTN:

GSO/PROCUREMENT

NIAMEY

NIGER

x UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

X SEE SCHEDULE

GSO Procurement

UNDER DPAS (15 CFR 700)

NAICS:

SIZE STD:

14. METHOD OF SOLICITATION

FORMCHECKBOX

RFQ

RFP IFB

15. DELIVER TO

16. ADMINISTERED BY

AMERICAN EMBASSY NIAMEY

RUE DES AMBASSADES, B.P. 11201, ATTN:

GSO/PROCUREMENT

NIAMEY - NIGER

FACILITY

18a. PAYMENT WILL BE MADE BY

AMERICAN EMBASSY NIAMEY

RUE DES AMBASSADES, B.P. 11201, ATTN: FMO

NIAMEY -NIGER

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See attached Continuation Sheet to the SF-1449 – Prices, Block 23

25. ACCOUNTING AND APPROPRIATION DATA

26.TOTALAWARDAMOUNT 133,674,540.00X133,674,540.00 XOF

FORMCHECKBOX

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA FORMCHECKBOX

ARE ARE NOT ATTACHED.

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

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 CONTRACTING OFFICER (Type or Print)

James Johnsen 31c. DATE SIGNED

TABLE OF CONTENTS

SECTION 1 - THE SCHEDULE

* SF 1449 cover sheet

* Continuation To SF-1449, RFQ Number 19NG6025Q0008, Prices, Block 23

* Continuation To SF-1449, RFQ Number 19NG6025Q0008, Schedule of Supplies/Services, Block 20 Description/Specifications/Work Statement

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

* Attachment 2 CYBERSECURITY SUPPLY CHAIN RISK MANAGEMENT (C-SCRM) SOFTWARE PRODUCER ATTESTATION FORM State Department Secure Software Development Attestation Form

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

* Evaluation

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

SECTION 5 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS

* Offeror Representations and Certifications

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

SECTION 1 - THE SCHEDULE

CONTINUATION TO SF-1449, RFQ NUMBER 19NG6025Q0008, PRICES BLOCK 23

I.

Scope of Services The Contractor shall complete all work, including furnishing all labor, material, equipment, and services, unless otherwise specified herein, required under this contract for stated services within the time specified herein. The price listed below shall include all labor, materials, overhead, and profit. In consideration of satisfactory performance of all scheduled services required under this contract, the Contractor shall be paid a firm fixed price for all services.

II.

Base Period The contract will be for a one-year period from the date of the contract award and a notice to proceed with four (4), option years.

1.

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

2.

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

2.1

VALUE ADDED TAX

VALUE ADDED TAX. Value Added Tax (VAT) is not applicable to this contract and shall not be included in the CLIN rates or Invoices because the U.S. Embassy has a tax exemption certificate from the host government.

2.2.

The firm fixed-prices are in XOF.

BASE YEAR: 12/01/2025

Total Firm-Fixed Price XOF

Sub-Total

Grand Total for Base Year

OPTION YEAR 1: 12/01/2026

Total Firm-Fixed Price XOF

Sub-Total

Grand Total for OPTION Year 1

OPTION YEAR 2: 12/01/2027

Total Firm-Fixed Price XOF

Sub-Total

Grand Total for OPTION Year 2

OPTION YEAR 3: 12/01/2028

Total Firm-Fixed Price XOF

Sub-Total

Grand Total for OPTION Year 3

OPTION YEAR 4: 12/01/2029

Total Firm-Fixed Price XOF

Sub-Total

Grand Total for OPTION Year 4

Grand Total Contract Price, Including all Option Years

Base Period Total Price

First Option Year Total Price

Second Option Year Total Price

Third Option Year Total Price

Fourth Option Year Total Price

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

CONTINUATION TO SF-1449, RFQ NUMBER 19NG6025Q0008

SCHEDULE OF SUPPLIES/SERVICES, BLOCK 20

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

I.

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

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

This is the list of required services:

SERVICE: OpenNet-VPN

Type of Service:

Dedicated Internet Channel

The provided Internet Service shall comply with the following requirements:

Internet Services Quality

This internet circuit shall be high-end, professional grade service that differs from the residential service. ENM requires dedicated (not shared or bundled) Internet Bandwidth, 24/7, “always-on” with unlimited usage. Fiber optic, terrestrial connectivity is preferred. The local ISP access circuit to the Post must meet the following specifications/requirements for connectivity.

Internet Service Provider (ISP) must provide Fiber Optic connectivity to the very end at the U.S. Embassy/Consulate [Note to Contracting Officer: INSERT CITY’S NAME] compound Telecommunications Service Entrance Facilities (TSEF) Room.

A /28 subnet static Public IP addresses for VPN equipment, network mask, and default gateway IP address.

ISP interface connectors: LC fiber connector (MM-multimode) – Gigabit interface. Internet Service Provider (ISP) must provide all data media converters or transmission devices in all cases.

ISP availability: "Always on". Bandwidth sharing between other non-Embassy customers is not allowed. Connection Ratio must be 1/1.

ISP connection: IPs must NOT use Network Address Translation (NAT).

ISP must permit all IP protocols (including but not limited to ICMP, UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking or stateful inspection.

ISP must permit installation of Customer VPN encryption devices on circuit.

ISP must permit ping and trace route traffic from 169.252.0.0/16 and 169.253.0.0/16 to the ISP connection (LC fiber Gigabit MM router interface which terminates Customer VPN encryption device).

High quality performance, the following parameters in a vendor’s Service Level Agreement (SLA) should be used:

a.

Packet Loss <=.5% b.

Availability of 99.9%.

Network Devices

The network devices shall comply with the following characteristics:

Must not have ZTE, Huawei, Xiaomi and affiliated branded products in use on the internet connection. Post may not enter into contract (or extend or renew contract) with an entity that uses above mentioned equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Service Support and Contingencies

ISP must warrant service support 7X24X365.

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

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

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

SERVICE: DIN – Embassy – Agencies

Type of

Service:

Dedicated Internet Channel

All provided Internet Services and data point-to-point connections must comply with the following requirements (except when specified):

Internet Services Quality

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

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

High quality performance, the following parameters in a vendor’s Service Level Agreement (SLA) should be used:

a.

Packet Loss <=.5% b.

Availability of 99.9%.

Internet Service Provider (ISP) Round Trip Time (RTT) reports the total time in milliseconds (ms) time to send a small data packet and obtain a reply back; must be the faster than Xms for the Round Trip Time (RTT) for internet service. Also, RTT must be faster than Xms for local data services (for instance: point-to-point channels or web pages accessed through the [Note to Contracting Officer: INSERT NAME OF HOST COUNTRY] Network Access Point (NAP).

ISP must permit all IP protocols (including but not limited to ICMP, UDP, TCP, and IPSEC) to transit without filters or proxies. Unfiltered access to the Internet is required without ISP firewall blocking or stateful inspection.

ISP must provide Fiber Optic connectivity to the very end at the U.S. Embassy/Consulate [Note to Contracting Officer: INSERT CITY NAME] compound Telecommunications Service Entrance Facilities (TSEF) Room. Internet Service Provider (ISP) must provide router(s) and Data media converters or transmission devices in all cases to allow for connecion to customer equipment.

Network Identification

Internet Service Provider (ISP) must provide X number of public IP Addresses.

Network Devices

Must not have ZTE, Huawei, Xiaomi and affiliated branded products in use on the internet connection. Post may not enter into contract (or extend or renew contract) with an entity that uses above mentioned equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Network Devices

Must not have ZTE, Huawei, Xiaomi and affiliated branded products in use on the internet connection. Post may not enter into contract (or extend or renew contract) with an entity that uses above mentioned equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The provided Internet Service and data point-to-point connections must comply with the following requirements:

II. General:

The Department of State has a requirement for one full period, full duplex, clear channels, digital circuits and Internet leased lines capable of supporting synchronous traffic. For clear channel circuits, they shall be completely transparent, with no bits added to or deleted from the bit stream provided to the interface of the Department of State equipment.

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

B.

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

C.

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

D.

The Contractor shall provide sufficient technical support to ensure uninterrupted end-to-end service between such terminal points as are covered in this contract. The

Contractor shall provide, properly adjust, and maintain the circuit for continuous Department of State use. The Contractor shall ensure that the circuit complies with service changes, additions, or deletions as required under this contract.

E.

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

F.

The Contractor shall supply a Data Service Unit(s) (DSUs) configured with a Data Communications Equipment (DCE) interface. Signal element timing shall be provided as follows: (1) timing to the American Embassy will be provided by the Contractor’s facility.

G.

The Contractor shall use the following for interface standards:

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

H.

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

I.

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

J.

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

K.

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

L.

Term of Contract: The required circuits shall be installed and delivered to the Destination Point on or before 60 Days after Contract Award. Upon successful installation and acceptance by the Government of the required circuit under Section C, the Contractor shall be provided, in writing, notice to proceed and shall provide contractual services for a twelve (12) month period, commencing on the date specified in the notice to proceed.

M.

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

N.

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

O.

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

1.

Name of Contractor;

2.

Date of Invoice;

3.

Original Invoice Number (Consecutive numbers);

4.

Contract number;

5.

Task or Delivery Order number, as applicable;

6.

Government Specific Accounting and Appropriation Data (Funding Cite.)

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

7.

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

8.

Description of the item, or service actually provided;

9.

Period of performance of service or date item is provided;

10.

Block/Space reserved for COR acceptance signature and date;

11.

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

12.

Remit to address

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

14. Credits with explanation and period covered.

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

P.

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

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.

R.

Release of Information

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

2. The request for public release of information should be addressed to: Office of Public Diplomacy, PAO, United States Embassy, Niamey – Niger.

3.

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

S.

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

1. Definitions:

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

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

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

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

1) Below Availability Level,

2) Extended Downtime.

2.

Credit for Circuit Downtime by Situation

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

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

3.

Exceptions to Cumulating of Downtime

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

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

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

The Contracting Officer shall make final determination as to whether downtime is the responsibility of the Contractor. If requested by the Contracting Officer, the Contractor shall provide documentation to support claims of excusable downtime. For downtime determined to be the Contractor’s responsibility, the Contracting Officer may elect to assess a credit for each instance of non-performance.

4.

Payment Reduction for Downtime Credits

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

5.

Trouble Escalation Procedure

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

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

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

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

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

6.

Technological Refreshment After contract award, the Government may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions –Commercial Items, paragraph (c), Changes; request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology.

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

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

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

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

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

d. Contractor has the right to withdraw, in whole or in part, any technological refreshment proposal prior to acceptance by the Government. Contractor will use commercially reasonable efforts to ensure that prices for substitutions or additions are comparable to replaced or discontinued products. If a technological refreshment proposal is accepted and made a part of this contract, an equitable adjustment, increasing or decreasing the contract price, may be required and any other affected provisions of this contract shall be made in accordance with FAR clause 52.212-4, paragraph (c), Changes, and other applicable clauses of the contract.

7.

QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved.

Services.

Performs all services set forth in the scope of work.

SECTION 2 - CONTRACT CLAUSES

52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(NOV 2023) IS INCORPORATED BY REFERENCE. (SEE SF-1449,

BLOCK 27A)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDER – COMMERCIAL PRODUCTS AND SERVICES (JAN 2025)

(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 Covered Entities (Dec 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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:

_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) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

_X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__(6) [Reserved].

_X_(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

__(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

_X_(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

__(ii) Alternate I (Dec 2023) of 52.204-30.

_X_(12) 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_(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__(14) [Reserved].

__(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__(17) [Reserved]

__(18)

(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.

__(19)

(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.

__(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__(21)

(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 2023) of 52.219-9.

__(22)

(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.

__(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).

__(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).

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

__(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__(28) 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 (Oct 2022) (15 U.S.C. 637(m)).

__(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

__(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).

__(33) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

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

__(34)

(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.

__(35) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__(36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (37)

(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).

__(38) 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.)

__(39)

(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.)

__(40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__(41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__(42) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__(43) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

_X_(44) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

_X_(45)

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

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

__(4)

(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__(ii) Alternate I (Oct 2022) of 52.225-1.

__(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 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 (Jan 2025) of 52.225-3.

__(iv) Alternate III (Feb 2024) of 52.225-3.

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

__(50) 52.225-5, Trade Agreements (NOV 2023) ( 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 (Nov 2007) (42…