USAGM RFP 951700-24-R-0091 Four (4) SW Transmitters Kuwait Transmitting Station (1).pdf

FOUR (4) NEW SHORTWAVE TRANSMITTER SYSTEMS FOR USAGM KUWAIT

TRANSMITTING STATION, AL JAHRA, KUWAIT

Date: March 26, 2024

To: Prospective Offerors

Subject: Request for Proposals 951700-24-R-0091

Enclosed is a Request for Proposals (RFP) for FOUR (4) new Shortwave Transmitter Systems for USAGM Kuwait Transmitting Station, Al Jahra, Kuwait. If you would like to submit a proposal, follow the instructions in the RFP, complete the required portions of the attached documents, and submit your proposal via email to Contracting Officer, David Wallace: dwallace@usagm.gov with a copy to Contract Specialist, Rodney Nelson:

rnelson@usagm.gov.

The Government intends to award a Contract to the responsible offeror submitting a proposal which has been determined to be the best value to the Government. USAGM intends to award a BPA based on initial proposals without holding discussions, although USAGM reserves the right to conduct discussions with the offeror or offerors.

Questions concerning this RFP must be submitted electronically via e-mail to the Contracting Officer at dwallace@usagm.gov and to the Contract Specialist at rnelson@usagm.gov on or before Friday, April 05, 2024 by 10:00 AM U.S. EST.

Proposals must be submitted electronically via e-mail to the Contracting Officer at dwallace@usagm.gov and to the Contract Specialist at rnelson@usagm.gov on or before the RFP closing date and time of Monday, May 06, 2024, 12:00 Noon U.S. EST.

Sincerely, David Wallace, Contracting Officer Office of Management Services/Contracts U.S. Agency for Global Media (USAGM) 330 Independence Avenue, SW Washington, D.C.

20237 dwallace@usagm.gov Office Phone: (202) 920-2314 mailto:dwallace@usagm.gov

951700-24-R-0091

IQ 1073-24-IQ-00007

x x

03/26/2024

05/06/2024 12:00 Noon

FOUR (4) new Shortwave Transmitter Systems USAGM Kuwait Transmitting Station, Al Jahra, Kuwait

Request for Proposals 951700-24-R-0091

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 OVERVIEW

This is a CONTRACT (hereinafter "Contract") between the U.S. Agency for Global Media (hereinafter referred to as the "USAGM"), an entity of the Government of the United States of America, with its headquarters located at 330 Independence Avenue, SW, Washington, DC, 20237, U.S.A. and (TBD) (hereinafter "Contractor").

B.1.1 Acquisition Authority: This acquisition is conducted under the authority of the Federal Acquisition Regulation (FAR) Part 12 - Acquisition of Commercial Items and FAR Part 15 - Contracting by Negotiation and.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-03; dated 02/23/2024. To view the latest Federal Acquisition Circulars (FAC) go to https://www.regulations.gov.

B.1.2 Contract Type: This is a firm- fixed-price (FFP) contract to provide four (4) short wave transmitter systems, installation, commissioning, and support services in Kuwait. The Contractor shall provide the supplies and services as set forth in Section C of this contract.

B.1.3 Severable Services: The services acquired under this Contract contain severable services. Funds are only available for use for the contract line item (CLIN) to which they are obligated. Unused funds from one CLIN may not rollover for use in other CLINs.

B.1.4 Contract completion dates:

Completion of all items identified in CLINS 0001 through 0007 will be within three years from the date of contract award. Optional CLINS 0008 through 0013 will be exercised, as needed and subject to availability of funds, upon completion of CLINS 0001 through 0007.

B.2 PRICING

B.2.1 Acquisition, Proof of Performance, Installation, Commissioning and Acceptance of Four (4) Shortwave Transmitter Systems for Kuwait

Contractor shall provide four (4) each Shortwave Transmitter Systems as described in Section C.1 of the Performance Work Statement (PWS). The Contractor shall pack, transport, and deliver transmitters at the USAGM Kuwait Transmission station as described in Section C.2 of the PWS. Contractor shall perform testing of transmitter systems as described in Section C.3 of the PWS. Contractor shall install and commission transmitters as described in Section C.4 of the PWS.

Request for Proposals 951700-24-R-0091

B.2.2

Acquisition, Proof of Performance, Installation, Commissioning and Acceptance of Four (4) Shortwave Transmitter Systems.

CLIN DESCRIPTION QTY UNIT PRICE TOTAL PRICE

Shortwave Transmitter Systems (Sec. C.1.1) completion date October 30, 2025. 4

Factory Proof of Performance Testing upon completion of shortwave transmitter system with a completion date between November 01 – November 21, 2025 (C.3.1) 1

Packing, transport, and delivery of Shortwave Transmitter Systems to Kuwait (Sec. C.2.2 & C.4.1.1) with completion date between November 22, 2025 to January 22, 2026 1

Installation of New Equipment Systems (C.2.2) with a completion date between 23 January to 23 February 2026 1

On-site Proof of Performance Testing (C.3.2) and Commissioning of Transmitter Systems (Sec C.2.2 & Sec C.4.1.5 upon completion of new equipment installation with a completion date of 15 March 2026 1

New Equipment Training of Transmitter Systems (Sec 4.2, with a completion date of 15 May 2026 1 SUBTOTAL Transmitter Systems

0007 Transmitter Spare Parts Kit (Sec. C.2.3) 2 $

SHORTWAVE TRANSMITTER SYSTEMS

TOTAL PRICE $

Shortwave Transmitter Systems Breakout:

Shortwave Transmitter System 250kW (C.1.1) $ $ VHF Filter (C.1.1) $ $ DRM System (C.1.1) $ $ Factory Proof of Performance Testing (C.3.1) $ $ Packing and Crating of Transmitter Systems (C.2.2) $ $ Shipping of Transmitter Systems from Factory to Kuwait (C.4.1.1) $ $ Installation of Transmitter Systems (C.2.2) $ $ On-Site Proof of Performance Testing (C.3.2) $ $ Commissioning of Transmitter Systems (C.4.1.5) $ $ New Equipment Training (C.4.2) $ $ Total Price, Shortwave Transmitters $ $

B.2.3 Technical Support – Optional Services:

The USAGM will notify the Contractor if it will be exercising the option in CLINS 8, through 10 for telephonic and on-site technical support, parts, materials, system upgrades, and annual on-site maintenance within ten (10) business days of final commissioning and USAGM’s formal acceptance of the four (4) Shortwave Transmitter Systems. This

Request for Proposals 951700-24-R-0091 includes both telephonic and on-site technical support, parts, materials, and system upgrades. The Period of Performance of the option period is expected to be March 16, 2026, through March 15, 2027.

The contractor shall provide technical and maintenance services as described in Sections C.5, C.6 and C.7 of the Performance Work Statement, to keep the USAGM Shortwave transmitter systems on the air twenty-four hours a day, seven days a week. Coverage shall be limited to technical and maintenance support for the provided USAGM Shortwave Transmitter Systems under this PWS:

B.2.4

Option One Technical Support: Upon final acceptance of shortwave transmitter systems (CLIN 0005) for a period of one year (estimated PoP - 16 March 2026 to 15 March 2027).

CLIN DESCRIPTION QTY PRICE/MONTH PRICE/YEAR

Online and Telephonic Technical Support – Normal Business Hours (Sec. C.5.2) 12 Mo

Online and Telephonic Technical Support – After Hours, weekends, and holidays (Sec C.5.2) 12 Mo SUBTOTAL Option One Price (12 Months)

Annual On-site Maintenance Visit including travel costs and per-diem (Sec. C.6.1) 1 $

0011 Installation and Repair services (Sec. C.6.2) NTE $25,000.00 0012 Technological Refresh and Upgrades (Sec. C.6.3) NTE $25,000.00 0013 Emergency Parts and Materials (Sec. C.7) NTE $25,000.00

TOTAL OPTION ONE PRICE (12 Months) $

(End Section B)

Request for Proposals 951700-24-R-0091

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SHORTWAVE TRANSMITTER SYSTEMS FOR KUWAIT

C.1 BACKGROUND

The United States Agency for Global Media (USAGM) operates and maintains Shortwave Transmitter Systems at various locations in North America, Europe, Asia, and Africa. USAGM is in the process of expanding its Shortwave Transmitter facility at Al Jahra, Kuwait and is looking to procure FOUR (4) new Shortwave Transmitter Systems for this location.

The Contractor shall provide FOUR (4) each Shortwave Transmitter Systems to the USAGM Broadcasting Station in Al Jahra, Kuwait (hereinafter “ Station”) including delivery, installation, commissioning, training, onsite/telephonic technical support as well as repairs and spare parts as required. Access, security and support to the USAGM Kuwait Transmission Site is controlled by the US Embassy in Kuwait City.

C.1.1 – The following are the minimum technical requirements for the Shortwave Transmitter Systems:

Requirement Minimum Acceptable Specifications Carrier Output Power 250kW into 75 ohms, unbalanced load (A3E), 125kW Average Power Digital, with a crest factor of 9dB Frequency Range 5.8-21.85MHz, maximum 30s frequency change time within this range.

Max Operating VSWR 2.0:1 at full rated power.

Emission A3E Amplitude Modulation with AMC (Amplitude Modulation

Companding) MDCL. DRM capable according to ETSI ES201980 Overall Efficiency: >72% at nominal carrier level, 100% modulation.

Remote Control and Monitoring

Serial and/or Ethernet interface to receive/monitor transmitter status information and send operational commands to the transmitter.

Digital Radio Mondiale Integrated into SW XMTR system to allow USAGM to broadcast in DRM

RF Feeder Section Provide RF Feeder Sections to integrate SW XMTR’s into USAGM 9-inch co-axial switch matrix

VHF Output Filter Output VHF Filter for SW broadcasting Repair Parts and Services Contractor will ensure they can provide transmitter unique repair parts for a minimum of 10 years after award Cooling and Heat Exchange

Contractor shall provide hardware and accessories required for transmitter cooling and heat exchange

Safety Integrated key interlock system to access high voltage vaults.

Integrated Forward and reverse antenna interlock system

Documentation Contractor shall provide 4 full sets of printed and an electronic copy on CD/DVD of all of operations and maintenance manuals as well as technical drawings and schematics.

C.2 PERFORMANCE WORK STATEMENT (PWS)

C.2.1 - The purpose of this firm fixed price contract is to acquire four (4) Shortwave Transmitter Systems meeting the minimum technical specifications listed in the Table of paragraph C.1.1

C.2.2 - The Contractor shall be responsible for packing, transporting, delivering and installing transmitters in

Request for Proposals 951700-24-R-0091 dedicated, custom transmitter bays that will include air handling units capable of cooling ambient air at 150,000BTU/Hr and required electrical connections for the transmitter systems. As an integral part of this procurement, the contractor shall provide liquid cooling and associated heat exchanger requirements as part of their proposal.

C.2.3 – The Contractor shall have the capability to supply spare parts kits for each transmitter system purchased by USAGM including the following: One Set of Driver Stage and final RF tubes (if required), capacitors, control boards, and other contractor recommended electronic and mechanical components.

C.2.4 - The Contractor shall coordinate and facilitate communications among USAGM and host country officials for the delivery, installation, and commissioning of Shortwave Transmitter systems at the USAGM Kuwait Transmission Station in Al Jahra, Kuwait.

C.2.5 – The Contractor shall be responsible for the Health, Safety and Security of its workforce, including employees and subcontracts, when working onsite at any USAGM site as well as at any contractor owned or leased facilities used to support this project. The contractor’s workforce shall attend a mandatory safety, security and health briefing provided by the Kuwait Transmission Station Contracting Officer Representative (COR) prior to starting work onsite at the station.

All electrical equipment/tools used by the Contractor at the Station are subject to inspection by COR prior to use for its quality, condition, electrical grounding etc. Unauthorized equipment will not be allowed to connect, hook up or be used at the station. Lifting of equipment that weighs more than 35 kg is not permitted by any of the Contractor’s workforce including employees and subcontractors..

The Contractor’s workforce shall abide by the smoke free workplace policy of the Station while working onsite.

Contractor’s workforce who smoke must use the designated smoking areas for this purpose.

The Contractor’s workers shall report all work-related injuries/mishaps immediately to the site Supervisor and the Site Supervisor in turn shall immediately notify the COR.

C.2.6 – The Contractor and/or its subcontractors shall be responsible for providing all required hand tools, electrical tools and test equipment, ladders, scaffolding, heavy lifting equipment, NDAA Section 889 compliant laptop computers and cellular telephones and all other tools and materials required to deliver, install, interconnect, align and commission Shortwave Transmitter systems. Non-compliant NDAA Section 889 compliant electronic devices including laptops, cellphones, drones, and cameras are prohibited at the Station.

C.2.7 – The Contractor shall not start any work without a Contract, Purchase Order or Contract Modification issued by the USAGM Contract Officer.

C.3 TESTING PLAN

The contractor shall submit a Proof of Performance Testing Plan described in the solicitation that includes both factory testing plans as well as on-site testing plans.

C.3.1 – Upon final assembly of the Shortwave Transmitter System, the vendor shall conduct proof of performance testing based on the testing plan at the factory prior to packing of the transmitter systems for shipment. The Contractor will allow up to three USAGM personnel to attend factory testing (at USAGM expense) prior to the new transmitter systems being packed for shipment to Kuwait.

C.3.2 – Prior to completion of final commissioning, the Contractor shall perform proof of performance testing on-site at the Kuwait Transmission station based on the submitted Proof of Performance testing plan.

Request for Proposals 951700-24-R-0091

C.4 INSTALLATION, COMMISSIONING AND TRAINING PLAN

C.4.1 – The Contractor will provide an installation and commissioning plan that includes the following:

C.4.1.1 – Packing and delivery of Transmitter Systems from Factory to Kuwait;

C.4.1.2 – Electrical and cooling requirements for Transmitter Systems that will be provided by USAGM prior to installation and commissioning of transmitter systems;

C.4.1.3 – Project Timeline that starts from award of the contract to completion of onsite commissioning, including on-site proof of performance testing;

C.4.1.4 – List of materials (besides transmitters) that contractor will use to interconnect transmitter systems. to USAGM Antenna Matrix, station automation and remote control systems and cooling/electrical systems; and C.4.1.5 – Commissioning plan to fully interconnect the four Shortwave Transmitters to the USAGM antenna matrix.

C.4.2 – The Contract shall provide on-site new equipment technical training for up to 16 students (for a period to be determined by the contractor but overall training period shall not exceed a period of 8 weeks) that as a minimum includes the following subjects:

C.4.2.1 - Operation of transmitter systems.

C.4.2.2 - Maintenance of transmitter systems including routine preventive maintenance tasks.

C.4.2.3 – Theory of Operation and common troubleshooting and repair techniques.

The Contractor will be responsible for providing all required training materials for the onsite training. All training will be conducted in English. The contractor shall provide Certificates of Completion upon completion of the contractor’s new equipment technical training which includes the student’s full name, date of training completion, and the name of the contractor completing the training. USAGM will provide classroom space and projector/monitor for contractor use during the new equipment technical training.

C.5. TECHNICAL SUPPORT – STANDARD SERVICES

C.5.1 The Contractor shall have the capability to provide technical support both remotely and in person after completion of the installation and commissioning of the Shortwave Transmitter Systems at the Station.

C.5.2 The Contractor shall have the capability to provide 24/7 telephonic technical support that will allow USAGM personnel to minimize broadcast outages when a technical or operational issue arises that requires Contractor support. If Contractor uses a call service to receive technical support requests after its normal business hours, the Contractor must return the call with a qualified technical representative within 2 hours after the call has been logged by the Station.

C.5.3 The Contractor must be able to communicate in English for both technical as well as operational issues.

C.5.4 Contractor shall provide hardware, software and configuration updates as needed to sustain 24/7 operations of the Shortwave Transmitter Systems.

C.6. OPTIONAL SERVICES

The Contractor should be able to provide the following optional services as requested by USAGM to maintain operational capabilities of the Shortwave Transmitter systems. These options will be exercised on an “as needed” basis at the request of USAGM and only with the approval of the USAGM Contracting Office.

C.6.1 Annual On-site Maintenance Visit: Contractor will send a team to the Station in Kuwait to perform a technical assessment of the shortwave transmitter systems and perform maintenance tasks and inspections as agreed upon between USAGM and the Contractor.

Request for Proposals 951700-24-R-0091

C.6.1.1 Contractor annual on-site maintenance visit for a minimum two (2) business days.

C.6.1.2 Costs of required repair parts and consumable items will be covered by USAGM.

C.6.1.3 Travel, car hire, accommodation, and meals shall be included in the firm fixed price for the annual on-site maintenance visit.

C.6.2 Installation and Repair Services – The Contractor shall provide routine and emergency installation and repair services as requested to maintain 24/7 operation of USAGM Shortwave broadcasting when requested by the Contracting Officer or the Contracting Officer Representative. Contractor will provide budgetary cost estimate at no cost to USAGM for review which includes the following:

C.6.2.1 Total estimated work hours to complete installation and repairs.

C.6.2.2 A list of all parts and accessories required to complete requested installation or repairs including itemized cost of each part in US Dollars.

C.6.2.3 Travel, car hire, accommodation, and meals should be itemized separately including any VAT or other mandatory tax charges.

C.6.2.4 Shipping, Handling, and Customs charges should be shown separately including any mandatory VAT or other tax charges.

The cost of Installation and Repair Services provided in support of continuing broadcast operation shall not exceed $25,000.00 annually. Any repairs or services that exceed $25,000.00 requires advanced approval by the USAGM Contracting Officer.

C.6.3 Technological Refresh and Upgrades – When requested by the Contracting Officer or the Contracting Officer Representative, the Contractor shall provide the following services to USAGM to maintain, optimize, and secure operations of the Shortwave Transmitter systems:

C.6.3.1 System Design and Management: Manage all activities necessary to support the agile design, development, testing, and release new features and capabilities.

C.6.3.2 Telecommunications: Engineer, install, configure, provide operational support, and provide turnkey integrated solutions supporting new technologies that allow for more efficient operations of USAGM Shortwave transmitter systems as well as adapting transmitters to meet international broadcasting regulations.

C.6.3.3 Network Security: Engineer and design security features to prevent unauthorized access to Shortwave transmitter systems.

The cost of Technological Refresh and Upgrades provided in support of continuing broadcast operations shall not exceed $25,000.00 annually. Any repairs or services that exceed $25,000.00 requires advanced approval by the USAGM Contracting Officer.

C.7 EMERGENCY PARTS AND MATERIALS

It is anticipated that occasionally the Contractor will be required to obtain and provide urgent parts and materials needed to complete emergency repairs required to restore broadcasting of Shortwave programming at the Station in Kuwait.

With approval of the Contracting Officer or the Contracting Officer Representative, the Contractor has the authority to proceed with purchase of urgent parts and materials to effect immediate repairs, and to invoice for said repairs in the next invoice period within the established not to exceed (NTE) amount.

Emergency parts and materials are defined as parts and materials not available in the current inventory which have been previously provided by USAGM that would be required in an expedited fashion to the station, due to the critical nature of the part or material, to keep the USAGM shortwave transmitters operating and/or to minimize broadcast outages in case of critical system/component failure.

Supporting documentation including a description of the urgent requirement shall be submitted to the Contracting Officer Representative (COR) within 48 hours of the emergency repair.

The Contractor shall be reimbursed the actual reasonable cost of emergency parts and materials it purchases to support continuing Station operations. Such purchases by the Contractor, however shall not exceed $25,000.00 annually.

If an emergency situation requires parts and supplies exceeding the established NTE amount, the Contractor shall contact the COR and Contracting Officer via email not later than the next working day and provide a description of the urgent requirement and estimated cost to repair/replace. Urgent repairs and services that exceed the established NTE shall be provided by the Contractor within 24 hours following the issuance of a signed Contract Modification by the Contracting Officer.

C.8 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.

C.9 QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP)

The contractor shall provide a Quality Assurance 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 the services set forth in the scope of work.

Section C.2. through Section C.3.

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

C.10 TRANSMISSION STATION ACCESS AND SECURITY REQUIREMENTS

C.10.1 The contractor will have access to the USAGM Kuwait Transmission Station in Al Jahra, Kuwait to perform required tasks in this PWS from Sunday to Thursday between the hours of 7:00 am to 3:30 pm Arabia Standard Time (UTC +3). Due to extremely high temperatures in Kuwait during summer months, the US Embassy has established this policy regarding working outside during the months of June, July, and August. This policy applies to all Embassy contractors working for the Mission including the USAGM Kuwait Transmission Station.

During the months of June, July, and August, working outside in direct sunlight between the hours of 11:00 a.m.

and 4:00 p.m. is prohibited. In addition, regardless of the time day, when the outside temperatures exceed 49°C (118°F), no work outside in direct sunlight is permitted.

The USAGM Kuwait Transmission Station operates at minimum operations during American Federal Holidays and Government of Kuwait holidays. The contractor may work on these days with prior approval from the Kuwait Transmitting Station Manager or COR.: (https://kw.usembassy.gov/embassy-holiday-schedule/).

• After award of the contract, the Contractor shall provide the following list of data on each employee who will be required to work onsite at the USAGM Kuwait Transmission Station under the contract. The Contractor shall include a list of workers and supervisors assigned to this project. The Government will run background checks on these individuals. It is anticipated that security checks will take approximately 30 to 45 days to perform. For each individual the list shall include:

Civil ID Number Full Name Nationality

• Government shall issue identity cards to Contractor personnel, after they are approved. Contractor personnel shall display identity card(s) on the uniform at all times while providing services under this contract. These identity cards are the property of the US Government. The Contractor is responsible for their return at the end of the contract, when an employee leaves Contractor service, or at the request of the Government. The Government reserves the right to deny access to U.S.-owned and U.S.-operated facilities to any individual.

When escorting local contractors, proper escorting procedures will be briefed and must be approved (in advance) by the COR or Regional Security Officer (RSO) prior to starting the project. The contractors must follow all escorting requirements as advised by the COR. Contractors must participate in all USAGM Kuwait security/fire https://kw.usembassy.gov/embassy-holiday-schedule/ drills while working at the Transmission Station.

C.10.2 The contractor shall adhere to the following Standards of Conduct while working at the USAGM Kuwait Transmission Station:

Uniforms and Personal Equipment. The Contractor's employees shall wear clean, neat and complete uniforms when on duty. All employees shall wear uniforms approved by the Contracting Officer's Representative (COR).

Neglect of duties shall not be condoned. The Contractor shall enforce no sleeping while on duty, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty hours and refusing to render assistance or cooperate in upholding the integrity of the worksite security.

Disorderly conduct, use of abusive or offensive language, quarreling, intimidation by words, actions, or fighting shall not be condoned. Also included is participation in disruptive activities, which interfere with normal and efficient Government operations.

Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess, sell, consume, or be under the influence of intoxicants, drugs or substances that produce similar effects.

• Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in certain circumstances. These include but are not limited to the following actions:

• Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records or concealment of material facts by willful omission from official documents or records;

• Unauthorized use of Government property, theft, vandalism, or immoral conduct;

• Unethical or improper use of official authority or credentials;

• Security violations; or,

• Organizing or participating in gambling in any form.

C.10.3 At all times when any performance of the work at the project site is being conducted by any employee of the Contractor or its subcontractors, the Contractor shall have a representative present who has the capability of receiving instructions in the English language, fluently speaking the English language and explaining the work operations to persons performing the work in the language that those performing the work are capable of understanding.

The COR shall have the right to determine whether the proposed representative has sufficient technical and linguistic capabilities. If not, the Contractor shall immediately replace any individual who is not acceptable to the Agency.

All correspondence, drawings, and other documents submitted by the Contractor shall be entirely in English, except as otherwise provided in this contract.

C.10.4 The Contractor shall be responsible for advising the COR with the names of personnel, type and amounts of equipment, dates and length of time required at the site, and purpose of entering the host country.

The following items and any other applicable host country rules and customs are the sole responsibility of the Contractor to investigate, estimate as to cost(s), and assume the risk, as normally encountered by Contractors on fixed-price contracts. The Contractor shall be responsible for determining the effect of the following and any other applicable host country rules and customs on their own costs for the performance of this contract and for their inclusion in the amount of the contract price:

a. Official language and type of accounts that are required to satisfy the Officials of the Local Foreign Government.

b. Entry and exit visas, residence permits, and residence laws applicable to aliens.

c. Passports, health and immunization certificates, and quarantine clearances, if any.

d. Compliance with local labor and insurance laws, including payment of employer's share of contribution, collecting balance from employees and paying into insurance funds.

e. Collection through withholding and payment of any income tax on employees subject to that tax.

f. Arrangements to perform work in the host country, to import personnel, to employ non- indigenous labor, to receive payments and to remove such funds from the country.

g. Operating under local laws, practices, customs and controls, and with local unions, in connection with hiring and firing, mandatory wage scales, vacation pay, severance pay, overtime, holiday pay, seventh (7th) day of rest, legal notice or pay in lieu thereof for dismissal of employees, slowdown and curtailed schedules during religious holidays and ratio of local labor employed in comparison to others.

h. Potential Liability of claims in local bureaus, litigation in local courts, or attachment of local bank accounts.

i. Compliance with workmen's compensation laws and contributions into funds. Provision of necessary medical service for the Contractor's employees.

j. Sales within the host country of Contractor-owned materials, and equipment.

k. Identification and/or registration with local police of imported personnel.

l. Stamp tax on documents, payments and payrolls, etc.

m. Compliance with all customs and import rules, regulations and restrictions, including but not limited to, local purchase requirements.

(End of Section C)

SECTION D – PACKAGING AND MARKING

D.1. PACKAGING

All items delivered hereunder shall be preserved, packaged, and packed in accordance with the Contractor's best standard commercial practices unless otherwise stated in the Contract to ensure protection against deterioration and physical damage during the entire shipment and handling cycle from the Contractor's source of supply to the ultimate destination at the Government's premises.

D.2. MARKING

At a minimum, each of the Contractor's shipping containers and packages/ cartons/ boxes/ envelopes shall be plainly and indelibly marked to show the: (a) consignee's name, organization, complete mailing address, and local telephone number, (b) Contract number, (c) Contract Modification , (d) a brief description of the contents, (e) quantity, (f) Contractor's name, and (g) any other markings that may be given to the Contractor by the Government prior to any delivery.

(End of Section D)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES-FIXED PRICE (AUG 1996)

(a) Definition. "Services," as used in this clause, includes Services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterward as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the Government may require the

Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may:

(1) Contract or otherwise, perform the services and charge to the Contractor any cost incurred by the

Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 DELIVERY OF MATERIALS TO USAGM KUWAIT TRANSMISSION STATION

F.1.1 Upon completion of factory proof of performance testing and packing/crating of shortwave transmitter systems, the contractor shall provide USAGM a Bill of Lading along with a detailed packing list and a copy of the invoice of materials being shipped to the COR before the sail the vessel from the origin. These items are required to allow the US Embassy in Kuwait to clear customs with Kuwait government ministries allowing all materials to enter duty free.

F.1.2 All materials shipped to the USAGM Kuwait Transmission Station by ocean transport only shall be marked with the information below and addressed to the following:

Consignee Name: American Embassy Kuwait Attn: Station Manager- USAGM

Bayan Place Kuwait

Notify Party: SAME AS CONSIGNEE Port of discharge: SHUWAIKH, KUWAIT Place of Delivery: SHUWAIKH, KUWAIT Description of Goods: DIPLOMATIC CARGO/ INDUSTRIAL SUPPLIES

XX/HQ CONTAINER STC

XX PACKAGE(s) OF

SW TRANSMITTERS AND ACCESSORIES

Once items have been cleared through Kuwait customs, contractor will have their transportation agent collect the transmitter systems and accessories for delivery to the USAGM Kuwait Transmission Station. Contractor will provide required manpower and equipment to offload and place systems/accessories at the site in coordination with the COR or Station Manager.

F.1.3 The COR or the USAGM Kuwait Transmission Station Manager will provide a separate address for items sent by either courier service (UPS, FedEX, DHL, etc...) or by postal mail.

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer will appoint by letter a Contracting Officer’s Representative (COR) who will have the responsibility of ensuring that the work confirms to the requirements of this Contract and such other responsibilities and authorities as may be specified in the letter of authorization or in this Contract. It is understood and agreed, in particular, that the COR shall not have the authority to make changes to the scope or terms and conditions of the contract unless and only to the extent that such authority is specified in the letter of authorization or in the contract.

THE CONTRACTOR IS HEREBY FOREWARNED THAT, THE CONTRACTING OFFICER’S

REPRESENTATIVE (COR) CANNOT MAKE ANY CHANGES TO THE CONTRACT WITHOUT PRIOR

WRITTEN AUTHORITY FROM THE CONTRACTING OFFICER. THE CONTRACTOR SHALL BE HELD

FULLY RESPONSIBLE FOR ANY CHANGES NOT AUTHORIZED IN ADVANCE IN WRITING BY THE

CONTRACTING OFFICER. THE CONTRACTOR MAY BE DENIED COMPENSATION OR OTHER RELIEF

FOR ANY ADDITIONAL WORK PERFORMED THAT IS NOT AUTHORIZED IN ADVANCE IN WRITING BY

THE CONTRACTING OFFICER. THE CONTRACTOR MAY ALSO BE REQUIRED, AT NO ADDITIONAL

COST TO THE GOVERNMENT, TO TAKE ALL CORRECTIVE ACTIONS NECESSITATED BY REASON OF

ANY UNAUTHORIZED CHANGES PERFORMED BY THE CONTRACTOR WITHOUT SPECIFIC ADVANCE

WRITTEN AUTHORIZATION FROM THE CONTRACTING OFFICER.

The COR, is responsible for the program related activities, including reporting, communications. The COR contact information is:

Name: James Kresge, Program Manager Address: Broadcast Technologies Division Engineering & Transmission Directorate U.S. Agency for Global Media 330 Independence Avenue SW Washington, DC 20237. USA E-mail: jkresge@usagm.gov Telephone: +1-202-920-2174

G.2 CONTRACTING OFFICER

The CO has the overall responsibility for administration of the contract. The CO, without right of delegation, is the only authorized individual to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. Unless otherwise delegated, only the designated CO has oversight of the contract as a whole. The CO for this contract is:

Name: David Wallace, Contracting Officer Address: Office of Management Services/ Contracts The U.S. Agency for Global Media (USAGM) 330 Independence Avenue, SW Washington, DC 20237 E-mail: dwallace@usagm.gov Phone: (202) 920-2314

G.3 CONTRACT SPECIALIST

All communications pertaining to contractual and/or administrative matters under this Contract shall be sent to the Contract Specialist:

Name: Rodney Nelson, Contract Specialist (Contractor) Address: Office of Management Services/ Contracts The U.S. Agency for Global Media (USAGM) 330 Independence Avenue, SW Washington, DC 20237 E-mail: rnelson@usagm.gov Phone: (202) 379-6014

G.4 CONTRACTOR POINTS OF CONTACT

Contractor’s Contract Administrator

In the event your firm receives a contract as a result of this solicitation, designate a person whom the Government may contact during the period of the contract for prompt contract administration.

Name:

Title:

Address:

Phone:

E-mail:

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 TECHNICAL POINT OF CONTACT/KEY PERSONNEL

The Contractor shall designate a Contract Supervisor who will be considered key personnel. The Contract Supervisor will serve as the in-country technical point of contact and provide his/her name and phone number to the Contracting Officer in writing. This individual shall be the contact for coordination with the Government and shall have authority to make schedule and pricing decisions without recourse to higher authority in the Contractor's firm. He/she shall manage and coordinate the activities of all of the technical disciplines, support staff, and any subcontractors used by the Contractor to perform the work required by this contract. This individual may be the same person as designated in Section G.4 of this Contract entitled "Contractor’s Contract Administrator" of this Contract.

(End of Section H)

SECTION I – CONTRACT CLAUSES

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 this/these addresses:

http://acquisition.gov/far/index.html These addresses are subject to change. You may also use an Internet “search engine” (for example, Google, Yahoo, Excite) to obtain the latest location of the most current FAR.

The following Federal Acquisition Regulation clause(s) is/are incorporated by reference:

FAR Clause Title Date

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACT PERSONNEL JAN 2011

52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE OCT 2016

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING AUG 2020

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013

THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT:

52.212-4 CONTRACT TERMS AND CONDITIONS – COMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (Nov 2023)

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

The Government must exercise its post-acceptance rights-

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

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

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

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Payment.-

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

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

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

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

https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5

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

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

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