FBODaily.com | FedBizOpps: PRESOL | D | MOBILE COMMUNICATION SERVICES

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 06, 2017 FBO #5643
SOLICITATION NOTICE

D -- MOBILE COMMUNICATION SERVICES

Notice Date: 5/4/2017
Notice Type: Combined Synopsis/Solicitation
NAICS: 517210 — Wireless Telecommunications Carriers (except Satellite)
Contracting Office: Department of State, Near Eastern Posts, U.S. Embassy Muscat, Oman, P.O. Box 202, P.C. 115, Madinat Al Sultan Qaboos, Muscat, Non-U.S., Oman
ZIP Code: 00000
Solicitation Number: SMU300-17-R-0001
Point of Contact: Keith A. Thrasher, Phone: 00968-2464 3689, JOHN R JUTTE, Phone: (968) 2464-3427
E-Mail Address: ThrasherKA@state.gov, JutteJR@state.gov
(ThrasherKA@state.gov, JutteJR@state.gov)
Small Business Set-Aside: N/A
Description: Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 1 Embassy of the United States of America Muscat, Oman GSO/Procurement May 04, 2017 Dear Prospective Quoter: SUBJECT: Request for Quotations Number SMU-300-17-R-0001 The Embassy of the United States of America invites you to submit a quotation to provide Mobile Communication Services for employees at the American Embassy in Muscat, Oman. Your quotation must be submitted in a sealed envelope marked "Quotation Enclosed Ref: SMU300-17-R-0001 "Mobile Communication Services" to the Contracting Officer, Mr. Keith A. Thrasher, Embassy of the United States of America, Muscat Oman, on or before 1:00 P.M. on June 5, 2017. In order for a quotation to be considered, you must also complete and submit the following: Standard Form 1449 Section 1, The Schedule, price and payment Section 5, Representations and Certifications Additional information as required in Section 4 The U.S. Government intends to award a contract to the responsible company submitting an acceptable quotation at the lowest price. We intend to award a contract based on initial quotations, without holding discussions, although we may hold discussions with companies in the competitive range if there is a need to do so. Direct any questions regarding this request for quotations to Mr. Keith A. Thrasher, Contracting Officer, email:ThrasherKA@state.gov or Mr. Mohan Sundaram, Procurement Supervisor email: SundaramM@state.gov by letter or by telephone +968 9933 1625 during regular business hours. Sincerely, Sd/- KEITH A. THRASHER Contracting Officer Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 2 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1. REQUISITION NUMBER 5930908 PAGE 1 OF 76 2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER SMU30017R0001 6. SOLICITATION ISSUE DATE May 4, 2017 7. FOR SOLICITATION INFORMATION CALL: a. NAME KEITH A. THRASHER b. TELEPHONE NUMBER(No collect calls) 8. OFFER DUE DATE/ LOCAL TIME June 5, 2017: 1:00 pm 9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE:____ % FOR: SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS HUBZONE SMALL BUSINESS (WOSB) ELLIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM NAICS: 517210 SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS EDWOSB 8 (A) SIZE STANDARD: 11. DELIVERY FOR FOB DESTINAT- TION UNLESS BLOCK IS MARKED SEE SCHEDULE 12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) 13b. RATING 14. METHOD OF SOLICITATION RFQ IFB RFP 15. DELIVER TO CODE 16. ADMINISTERED BY CODE U.S. EMBASSY MUSCAT JAMEAT A'DHUWAL STREET AL KHUWAIR, MUSCAT, OMAN KEITH A. THRASHER Contracting Officer 17a. CONTRACTOR/ OFFERER TELEPHONE NO. CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED SEE ADDENDUM 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT 1 "Please See Schedule in Section I" 25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED 27b.CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __2__ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. 29. AWARD OF CONTRACT: REF. _________________ OFFER DATED ____________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) KEITH A. THRASHER 31c. DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 02/2012) PREVIOUS EDITION IS NOT USABLE Computer Generated Prescribed by GSA - FAR (48 CFR) 53.212 Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 3 19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT 1 2 3 4 5 Provide Mobile Communication Services to U.S. Embassy Muscat Base Year Mobile-to-Mobile Communication (Phone and Data) Mobile-to-Landline communication Consolidation of phone services to one primary provider Option Year-1 Mobile-to-Mobile Communication (Phone and Data) Mobile-to-Landline communication Consolidation of phone services to one primary provider Option Year-2 Mobile-to-Mobile Communication (Phone and Data) Mobile-to-Landline communication Consolidation of phone services to one primary provider Option Year-3 Mobile-to-Mobile Communication (Phone and Data) Mobile-to-Landline communication Consolidation of phone services to one primary provider Option Year-4 Mobile-to-Mobile Communication (Phone and Data) Mobile-to-Landline communication Consolidation of phone services to one primary provider 1 1 1 1 1 All All All All All 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 32a. QUANTITY IN COLUMN 21 HAS BEEN RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________ 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 36. PAYMENT 37. CHECK NUMBER PARTIAL FINAL COMPLETE PARTIAL FINAL 38. S/R ACCOUNT NO. 39. S/R VOUCHER NO. 40. PAID BY 41.a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41C. DATE 42b. RECEIVED AT (Location) 42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 4 TABLE OF CONTENTS Section 1 - The Schedule  Continuation To SF-1449, RFQ Number SMU30017R0001, Prices, Block 23  Continuation To SF-1449, RFQ Number SMU30017R0001, Schedule Of Supplies/Services, Block 20 Description/Specifications/Work Statement Section 2 - Contract Clauses  Contract Clauses  Addendum to Contract Clauses - FAR and DOSAR Clauses not Prescribed in Part 12 Section 3 - Solicitation Provisions  Solicitation Provisions  Addendum to Solicitation Provisions - FAR and DOSAR Provisions not Prescribed in Part 12 Section 4 - Evaluation Factors  Evaluation Factors  Addendum to Evaluation Factors - FAR and DOSAR Provisions not Prescribed in Part 12 Section 5 - Representations and Certifications  Representations and Certifications  Addendum to Offeror Representations and Certifications - FAR and DOSAR Provisions not Prescribed in Part 12 Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 5 SECTION 1 - THE SCHEDULE CONTINUATION TO SF-1449 RFQ NUMBER SMU30017R0001 PRICES, BLOCK 23 I. SCOPE OF WORK The Contractor shall provide mobile communication/information services to the Embassy of the United States of America in Oman. The prices listed below shall include all labor, materials, insurance (see FAR 52.228-4 and 52.228-5), overhead, and profit. The Government will pay the Contractor on a monthly basis for Standard Services that have been satisfactorily performed. II. PERIOD OF PERFORMANCE The contract will be for a one-year period from the date of the contract award, with four (4) one-year options to renew. III. PRICING i. The quantities of supplies and services specified in the Schedule are estimates only. The Contractor shall furnish to the Government, when and if ordered, the supplies or services as specified in the Schedule. The Government may issue orders requiring delivery to multiple destinations, or performance at multiple locations. ii. All packages/plans that do not include internet/data shall have restricted access to internet surfing at no additional charge. iii. All packages/plans must include vendor provided cellular phone devices that are Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device or standard smart phone device. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 6 A - BASE YEAR PRICING A.1 Smart Phone Plan I Smart Phone Plan / Description Rate Plan Est. Qty Smart phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR_________ OMR __________ Plan includes: 1. Sim Card 2. 500 MB internet browsing in Oman, while on the provider's Network. 3. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 4. Unlimited minutes, including inter-connect fees, of calls within Oman, to landlines and mobiles in Oman, while on the provider's network. 5. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network. 6. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for Base Year (12 months) OMR _______________ A.2 Smart Phone Plan II Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR ________ OMR __________ Plan includes sim card with: 1. 1 GB internet browsing in Oman, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 3. Unlimited SMS within Oman and the GCC, while on the provider's Network, including the inter-connect fees. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 7 4. Sim Card 5. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. *The GCC consists of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Total Price for Base Year (12 months) OMR _______________ A.3 Smart Phone Plan III Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 25 Lines OMR ________ OMR __________ Plan includes sim card with: 1. 5GB internet browsing in Oman and Middle East, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman including the inter-connect fees. 3. Unlimited SMS within Oman on the provider's Network, including the inter-connect fees. 4. 100 units (Minute/SMS) of international roaming, from networks other than the provider's network, throughout the GCC and Middle East. 5. 500MB of international data roaming, from networks other than the provider's network, throughout the GCC. 6. Sim Card 7. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for Base Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 8 A.4 Pre-Paid Phone Plan IV Pre-Paid Phone Plan including sim card Est. Qty Smart Phone Plan Cost per Plan Total monthly price 100 Plans / Month 1. Unlimited minutes, including inter-connect fees, of calls within the Caller User Group, to landlines and mobiles in Oman, while on the provider's network. 2. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network to calls within the Caller User Group 3. Sim Card 4. Smart Phone device Monthly Plan OMR ________ OMR __________ Total Price for Base Year (12 months) OMR _______________ A.5 International Calls originating from all Devices (beyond the package). Calls originating from all instruments from below countries to Oman Est. Qty Negotiated Operator's publicly published International Rates* (Variable) Discount to be given as a percent reduction (Fixed reduction rate) Total Price for Base Year with Discount Rate (The Estimated minutes multiplied by the Operator's International Rate) International Roaming Calls Middle East 30 mins OMR OMR Washington, DC 30 mins OMR OMR Europe 30 mins OMR OMR GCC 30 mins OMR OMR International SMS SMS Roaming Middle East 30 mins OMR OMR SMS Roaming Europe 30 mins OMR OMR SMS Roaming GCC 30 mins OMR OMR SMS Roaming USA 30 mins OMR OMR Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 9 Total Price for Base Year (12 months) OMR__________ - The rates for Washington DC shall be applicable in the resultant contract for all locations in the Continental US. - The rates for Europe shall be applicable in the resultant contract for all locations in Western Europe. - The rates for Middle East shall be applicable in the resultant contract for all locations in the GCC, Mid-East, Africa and the Far East. - For the purposes of price evaluation this solicitation shall use the negotiated roaming price for Middle East, Europe and Washington DC. During the contract period the Embassy shall place orders totaling a minimum on $10,000.00. This reflects the contract minimum for this period of performance. The amount of all orders should not exceed $500,000.00. This reflects the contract maximum for this period of performance. VAT VERSION B 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 host government currently does not levy VAT. TOTAL PRICE FOR BASE YEAR OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 10 B. 1St OPTION YEAR PRICING B. 1 Smart Phone Plan I 3.b.1 Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR__________ OMR ___________ Plan includes: 1. Sim Card 2. 500 MB internet browsing in Oman, while on the provider's Network. 3. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 4. Unlimited minutes, including inter-connect fees, of calls within Oman, to landlines and mobiles in Oman, while on the provider's network. 5. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network. 6. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for 1st Option Year (12 months) OMR ________________ B. 2 Smart Phone Plan II Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR __________ OMR ___________ Plan includes sim card with: 1. 1 GB internet browsing in Oman, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 3. Unlimited SMS within Oman and the GCC, Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 11 while on the provider's Network, including the inter-connect fees. 4. Sim Card 5. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. *The GCC consists of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Total Price for 1st Option Year (12 months) OMR _______________ B.3 Smart Phone Plan III Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 25 Lines OMR ____________ OMR ____________ Plan includes sim card with: 1. 5GB internet browsing in Oman and Middle East, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman including the inter-connect fees. 3. Unlimited SMS within Oman on the provider's Network, including the inter-connect fees. 4. 100 units (Minute/SMS) of international roaming, from networks other than the provider's network, throughout the GCC and Middle East. 5. 500MB of international data roaming, from networks other than the provider's network, throughout the GCC. 6. Sim Card 7. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for 1st Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 12 B.4 Pre-Paid Phone Plan IV Pre-Paid Phone Plan including sim card Est. Qty Smart Phone Plan Cost per unit Total monthly price 100 Plans / Month 1. Unlimited minutes, including inter-connect fees, of calls within the Caller User Group, to landlines and mobiles in Oman, while on the provider's network. 2. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network to calls within the Caller User Group 3. Sim Card 4. Smart Phone device Monthly Plan OMR__________ OMR ___________ Total Price for 1st Option Year (12 months) OMR __________________ B.5 International Calls originating from all Devices (beyond the package). Calls originating from all instruments from below countries to Oman Est. Qty Negotiated Operator's publicly published International Rates* (Variable) Discount to be given as a percent reduction (Fixed reduction rate) Total Price for Base Year with Discount Rate (The Estimated minutes multiplied by the Operator's International Rate) International Roaming Calls Middle East 30 mins OMR OMR Washington, DC 30 mins OMR OMR Europe 30 mins OMR OMR GCC 30 mins OMR OMR International SMS SMS Roaming Middle East 30 mins OMR OMR SMS Roaming Europe 30 mins OMR OMR SMS Roaming GCC 30 mins OMR OMR Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 13 SMS Roaming USA 30 mins OMR OMR Total Price for 1st Option Year (12 months) OMR _____________ - The rates for Washington DC shall be applicable in the resultant contract for all locations in the Continental US. - The rates for Europe shall be applicable in the resultant contract for all locations in Western Europe - The rates for Oman shall be applicable in the resultant contract for all locations in the GCC, Mid-East, Africa and the Far East. - For the purposes of price evaluation this solicitation shall use the negotiated roaming price for Oman the GCC, Europe and Washington DC. During the contract period the Embassy shall place orders totaling a minimum on $10,000.00. This reflects the contract minimum for this period of performance. The amount of all orders should not exceed $500,000.00. This reflects the contract maximum for this period of performance. VAT VERSION B 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 host government currently does not levy VAT. TOTAL PRICE FOR 1st OPTION YEAR OMR ______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 14 C. 2nd OPTION YEAR PRICING C.1 Smart Phone Plan I Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR_________ OMR __________ Plan includes: 1. Sim Card 2. 500 MB internet browsing in Oman, while on the provider's Network. 3. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 4. Unlimited minutes, including inter-connect fees, of calls within Oman, to landlines and mobiles in Oman, while on the provider's network. 5. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network. 6. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for 2nd Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 15 C.2 Smart Phone Plan II Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR __________ OMR __________ Plan includes sim card with: 1. 1 GB internet browsing in Oman, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 3. Unlimited SMS within Oman and the GCC, while on the provider's Network, including the inter-connect fees. 4. Sim Card 5. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. *The GCC consists of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Total Price for 2nd Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 16 C.3 Smart Phone Plan III Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 25 Lines OMR _________ OMR __________ Plan includes sim card with: 1. 5GB internet browsing in Oman and Middle East, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman including the inter-connect fees. 3. Unlimited SMS within Oman on the provider's Network, including the inter-connect fees. 4. 100 units (Minute/SMS) of international roaming, from networks other than the provider's network, throughout the GCC and Middle East. 5. 500MB of international data roaming, from networks other than the provider's network, throughout the GCC. 6. Sim Card 7. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for 2nd Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 17 C.4 Pre-Paid Phone Plan IV Pre-Paid Phone Plan including sim card Est. Qty Smart Phone Plan Cost per unit Total monthly price 100 Plans / Month 1. Unlimited minutes, including inter-connect fees, of calls within the Caller User Group, to landlines and mobiles in Oman, while on the provider's network. 2. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network to calls within the Caller User Group 3. Sim Card 4. Smart Phone device Monthly Plan OMR __________ OMR __________ Total Price for 2nd Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 18 C.5 International Calls originating from all Devices (beyond the package). Calls originating from all instruments from below countries to Oman Est. Qty Negotiated Operator's publicly published International Rates* (Variable) Discount to be given as a percent reduction (Fixed reduction rate) Total Price for Base Year with Discount Rate (The Estimated minutes multiplied by the Operator's International Rate) International Roaming Calls Middle East 30 mins OMR OMR Washington, DC 30 mins OMR OMR Europe 30 mins OMR OMR GCC 30 mins OMR OMR International SMS SMS Roaming Middle East 30 mins OMR OMR SMS Roaming Europe 30 mins OMR OMR SMS Roaming GCC 30 mins OMR OMR SMS Roaming USA 30 mins OMR OMR Total Price for 2nd Option Year (12 months) OMR_________ - The rates for Washington DC shall be applicable in the resultant contract for all locations in the Continental US. - The rates for Europe shall be applicable in the resultant contract for all locations in Western Europe. - The rates for Middle East shall be applicable in the resultant contract for all locations in the GCC, Mid-East, Africa and the Far East. - For the purposes of price evaluation this solicitation shall use the negotiated roaming price for Middle East, Europe and Washington DC. During the contract period the Embassy shall place orders totaling a minimum on $10,000.00. This reflects the contract minimum for this period of performance. The amount of all orders should not exceed $500,000.00. This reflects the contract maximum for this period of performance. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 19 VAT VERSION B 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 host government currently does not levy VAT. TOTAL PRICE FOR 2nd OPTION YEAR OMR ______________ D. 3rd OPTION YEAR PRICING D.1 Smart Phone Plan I Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR __________ OMR __________ Plan includes: 1. Sim Card 2. 500 MB internet browsing in Oman, while on the provider's Network. 3. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 4. Unlimited minutes, including inter-connect fees, of calls within Oman, to landlines and mobiles in Oman, while on the provider's network. 5. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network. 6. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for 3rd Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 20 D.2 Smart Phone Plan II Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR __________ OMR __________ Plan includes sim card with: 1. 1 GB internet browsing in Oman, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 3. Unlimited SMS within Oman and the GCC, while on the provider's Network, including the inter-connect fees. 4. Sim Card 5. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. *The GCC consists of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Total Price for 3rd Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 21 D.3 Smart Phone Plan III Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 25 Lines OMR __________ OMR __________ Plan includes sim card with: 1. 5GB internet browsing in Oman and Middle East, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman including the inter-connect fees. 3. Unlimited SMS within Oman on the provider's Network, including the inter-connect fees. 4. 100 units (Minute/SMS) of international roaming, from networks other than the provider's network, throughout the GCC and Middle East. 5. 500MB of international data roaming, from networks other than the provider's network, throughout the GCC. 6. Sim Card 7. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for 3rd Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 22 D.4 Pre-Paid Phone Plan IV Pre-Paid Phone Plan including sim card Est. Qty Smart Phone Plan Cost per unit Total monthly price 100 Plans / Month 1. Unlimited minutes, including inter-connect fees, of calls within the Caller User Group, to landlines and mobiles in Oman, while on the provider's network. 2. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network to calls within the Caller User Group 3. Sim Card 4. Smart Phone device Monthly Plan OMR _________ OMR __________ Total Price for 3rd Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 23 D.5 International Calls originating from all Devices (beyond the package). Calls originating from all instruments from below countries to Oman Est. Qty Negotiated Operator's publicly published International Rates* (Variable) Discount to be given as a percent reduction (Fixed reduction rate) Total Price for Base Year with Discount Rate (The Estimated minutes multiplied by the Operator's International Rate) International Roaming Calls Middle East 30 mins OMR OMR Washington, DC 30 mins OMR OMR Europe 30 mins OMR OMR GCC 30 mins OMR OMR International SMS SMS Roaming Middle East 30 mins OMR OMR SMS Roaming Europe 30 mins OMR OMR SMS Roaming GCC 30 mins OMR OMR SMS Roaming USA 30 mins OMR OMR Total Price for 3rd Option Year (12 months) OMR __________ - The rates for Washington DC shall be applicable in the resultant contract for all locations in the Continental US. - The rates for Europe shall be applicable in the resultant contract for all locations in Western Europe. - The rates for Middle East shall be applicable in the resultant contract for all locations in the GCC, Mid-East, Africa and the Far East. - For the purposes of price evaluation this solicitation shall use the negotiated roaming price for Middle East, Europe and Washington DC. During the contract period the Embassy shall place orders totaling a minimum on $10,000.00. This reflects the contract minimum for this period of performance. The amount of all orders should not exceed $500,000.00. This reflects the contract maximum for this period of performance. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 24 VAT VERSION B 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 host government currently does not levy VAT. TOTAL PRICE FOR 3rd OPTION YEAR OMR ______________ E.4th OPTION YEAR PRICING E.1 Smart Phone Plan I Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR _________ OMR __________ Plan includes: 1. Sim Card 2. 500 MB internet browsing in Oman, while on the provider's Network. 3. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 4. Unlimited minutes, including inter-connect fees, of calls within Oman, to landlines and mobiles in Oman, while on the provider's network. 5. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network. 6. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for 4th Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 25 E.2 Smart Phone Plan II Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 50 Lines OMR _______ OMR __________ Plan includes sim card with: 1. 1 GB internet browsing in Oman, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman, and the Gulf Cooperation Council (GCC)*, while on the provider's Network, including the inter-connect fees. 3. Unlimited SMS within Oman and the GCC, while on the provider's Network, including the inter-connect fees. 4. Sim Card 5. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. *The GCC consists of Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates. Total Price for 4th Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 26 E.3 Smart Phone Plan III Smart Phone Plan / Description Rate Plan Est. Qty Smart Phone Plan Cost per line Total monthly price Monthly Plan per Line 25 Lines OMR _________ OMR __________ Plan includes sim card with: 1. 5GB internet browsing in Oman and Middle East, while on the provider's Network. 2. Unlimited minutes of calls within Oman, to landlines and mobiles in Oman including the inter-connect fees. 3. Unlimited SMS within Oman on the provider's Network, including the inter-connect fees. 4. 100 units (Minute/SMS) of international roaming, from networks other than the provider's network, throughout the GCC and Middle East. 5. 500MB of international data roaming, from networks other than the provider's network, throughout the GCC. 6. Sim Card 7. Department of State Mobile Computing Approved Smart Phone - compatible or equal to an iPhone, Blackberry or Samsung device. Total Price for 4th Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 27 E.4 Pre-Paid Phone Plan IV Pre-Paid Phone Plan including sim card Est. Qty Smart Phone Plan Cost per unit Total monthly price 100 Plans / Month 1. Unlimited minutes, including inter-connect fees, of calls within the Caller User Group, to landlines and mobiles in Oman, while on the provider's network. 2. Unlimited SMS, including inter-connect fees, within Oman, while on the provider's network to calls within the Caller User Group. 3. Sim Card 4. Smart Phones device Monthly Plan OMR _________ OMR __________ Total Price for 4th Option Year (12 months) OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 28 E.5 International Calls originating from all Devices (beyond the package). Calls originating from all instruments from below countries to Oman Est. Qty Negotiated Operator's publicly published International Rates* (Variable) Discount to be given as a percent reduction (Fixed reduction rate) Total Price for Base Year with Discount Rate (The Estimated minutes multiplied by the Operator's International Rate) International Roaming Calls Middle East 30 mins OMR OMR Washington, DC 30 mins OMR OMR Europe 30 mins OMR OMR GCC 30 mins OMR OMR International SMS SMS Roaming Middle East 30 mins OMR OMR SMS Roaming Europe 30 mins OMR OMR SMS Roaming GCC 30 mins OMR OMR SMS Roaming USA 30 mins OMR OMR Total Price for 4th Option Year (12 months) OMR ____________ - The rates for Washington DC shall be applicable in the resultant contract for all locations in the Continental US. - The rates for Europe shall be applicable in the resultant contract for all locations in Western Europe. - The rates for Middle East shall be applicable in the resultant contract for all locations in the GCC, Mid-East, Africa and the Far East. - For the purposes of price evaluation this solicitation shall use the negotiated roaming price for Middle East, Europe and Washington DC. During the contract period the Embassy shall place orders totaling a minimum on $10,000.00. This reflects the contract minimum for this period of performance. The amount of all orders should not exceed $500,000.00. This reflects the contract maximum for this period of performance. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 29 VAT VERSION B 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 host government currently does not levy VAT. TOTAL PRICE FOR 4th OPTION YEAR OMR ______________ GRAND ESTIMATED TOTAL OF CONTRACT (EXCLUDING VAT): TOTAL ESTMATED AMOUNT FOR BASE YEAR OMR _______________ TOTAL ESTMATED AMOUNT FOR 1st OPTION YEAR OMR _______________ TOTAL ESTMATED AMOUNT FOR 2nd OPTION YEAR OMR _______________ TOTAL ESTMATED AMOUNT FOR 3rd OPTION YEAR OMR _______________ TOTAL ESTMATED AMOUNT FOR 4th OPTION YEAR OMR _______________ GRAND TOTAL: Base Plus 4 option years OMR _______________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 30 CONTINUATION TO SF-1449 RFQ NUMBER SMU30017R0001 INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT SCHEDULE OF SERVICES, BLOCK 20 1. PERFORMANCE WORK STATEMENT This solicitation is for mobile telephone services. Contractor-furnished services are to be provided on an indefinite quantity, indefinite delivery basis with delivery to the U.S. Embassy. The Contractor shall provide complete mobile telephones services for the U.S. Embassy in Oman. The Contractor shall ensure that the connection through its network is of the highest quality possible and shall be uninterrupted, clear, and with no static. Network problems shall be remedied immediately, and the Contracting Officer Representative (COR) must be immediately informed of any problems and their resolution. Services provided shall include:  Mobile Telephone Equipment  SIM card  Calls & Data within Oman and Middle East  International Calls  International Roaming  SMS Messaging  Voice Mail  Call forwarding  24-hour Customer Service  Government Online Account Access  Rental of cell-phones with or without sim cards  Detailed billing of calls made 1.1 Mobile Telephone Equipment Mobile Phone Batteries (at least Li-Ion) Battery charger Fixed hands-free kit Personal hands free unit Belt clip or pouch User manual Safety certificate and brochures 1.2 Calls & Data within Muscat The Contractor shall ensure on a 24-hour basis at least 90% local network coverage around Muscat with special consideration to all urban areas and main traffic routes. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 31 1.2.1 National Coverage The Contractor shall have excellent coverage in all urban areas around the country, with special emphasis on poor and no reception areas. All areas in Muscat are essential coverage areas for Embassy personnel. In areas of poor coverage that are essential to Embassy personnel activities, the Contractor will provide a timetable for improving coverage in those areas. 1.2.2 In-building Coverage The Contractor will make sure that all of the facilities stated below have full network coverage. The Contractor shall provide all of the necessary equipment at no additional cost to the Government to ensure full coverage including parking lots, etc. All improvements will be done by the Contractor at no additional expense to the Government. List of U.S. Embassy General Facilities; Embassy Compound Embassy Warehouse Street #32, Building #38 Way #6033, Plot #2512 Jamait Ad Duwal Arabiyya Street, Ghala, Industrial Area Muscat, Sultanate of Oman Muscat, Sultanate of Oman There shall be complete conductivity in all areas where American Embassy employees reside. These residences are located in and around Muscat in addition to other cities. 1.3 International Calls The Contractor shall ensure on a 24-hour basis international connectivity with the USA, all Middle Eastern countries, and all other worldwide countries that telephone services are available. There shall be an option to restrict lines to have access to international dialing at no additional charge. 1.4 International Roaming The Contractor shall provide as extensive international roaming connectivity as possible, with the special interest of the Government for roaming within Oman, the Middle East and the USA. There shall be an option to restrict lines to have access to international roaming (voice & data) at no additional charge. 1.5 SMS Messaging The Contractor shall provide access to around the clock SMS messaging. 1.6 Voice Mail The Contractor shall provide Voice Mail services in English and Arabic. A voice mailbox shall be prepared for each number separately as per standard practice. At the end of the contract Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 32 period, if the contract is not renewed, the Contractor shall allow the voicemail service to continue for an additional 60 days. The message will allow the calling parties to be informed of the new number. 1.7 Customer Service The Contractor shall provide technical support for setting up voice mail, roaming questions, questions on the phone features, number changes, lost or stolen telephone reporting, manufacturer's warranty information, and all other matters concerning the mobile communication services through the Contractor's Project Manager. 2. INVOICING (a) The Contractor shall submit monthly invoices in soft copies to the COR. Hard copies of the monthly invoices shall be submitted to the COR at the address shown in paragraph (d) below. This must be done via a courier and not through the post office. A proper invoice must include the following information: 1. A cover page which would include the Client's name (U.S. Embassy), the account number, invoice number, invoice date, and the period the charges pertain to. It would have only three charging line items on it:  Contractor's name and bank account information for payments by wire transfers  Invoice Date  Contract Number  A summary showing a listing of each line with total monthly price in local currency for that line. A detailed invoice for each agency has to be attached to each summary invoice and should include the cost breakdown by each telephone line according to the pricing schedule  Name, title, phone number, and address of person to contact in case of defective invoice  Total  Pricing 2. A cost breakdown of the services to include (in minutes, cost and total): Airtime, SMS, internet surfing, DATA plan, international roaming (charges for airtime, SMS units, and data), fees for other cellular providers and advanced features. 3. A break down per phone indicating the various charges of the phone numbers that belongs to the client number. The columns format should look like the following: Department Name: Cellular Number Monthly Charges Duration of call in minutes Airtime fee SMS units SMS fee Advanced services DATA plan Other cellular provider's fee TOTAL Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 33 (b) If an invoice does not contain the above information, the Government reserves the right to reject the invoice as improper and return it to the Contractor within 7 calendars days. The Contractor must then submit a proper invoice. (c) The COR will take each summary invoice and furnish the detailed invoice to the appropriate official in each individual Government agency. That agency representative will review the detailed invoice and either approve for payment or advise the COR of the inaccuracies found. It shall be the COR who will interact with the Contractor on any invoice problems. (d) The Contractor will send all invoices to the following address: U.S. Embassy Muscat Attn: Financial Management Office Jamayat A-Duwal Al-Arabia St. No: 32 Post Box: 202, Postal Code: 115 Muscat, Oman (e) Payment shall be made in local currency by Electronic Funds Transfer (EFT) within 30 days after receipt of the proper invoice. 3. KEY PERSONNEL 3.1 The Project Manager must be able to converse in English. The Contractor shall assign the below key person who shall be the direct liaison with the COR concerning all work related to this contract. It shall be the Project Manager's task to direct, schedule, supervise, inspect and test the work under this contract, and to receive instructions from the COR. The Project Manager shall be available Sunday through Thursday from 08:00 - 17:00, in addition to emergencies on weekends and holidays. POSITION/FUNCTION NAME Project Manager 3.2 During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is required due to illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required below to the Contracting Officer at least 15 days before making any permanent substitutions. 3.3 After the first 90 days of performance, the Contractor may substitute a key person if the Contractor determines that it is necessary. The Contractor shall notify the Contracting Officer of the proposed action immediately. Prior to making the substitution, the Contractor will provide the information required below to the Contracting Officer. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 34 3.4 The Contractor shall provide a detailed explanation of the circumstances requiring the proposed substitution, a complete resume for the proposed substitute. The proposed substitute shall possess qualifications comparable to the original key person. The Contracting Officer will notify the Contractor of its approval or disapproval of the substitution within 15 calendar days after receiving the required information. The Government will modify the contract to reflect any changes in key personnel. 4. PERMITS Without additional cost to the Government, the Contractor shall obtain all permits, licenses, and appointments required for the work under this contract. The Contractor shall obtain these permits, licenses, and appointments in compliance with applicable Omani country laws. 5. GOVERNMENT FURNISHED PROPERTY 5.1 There is no Government Furnished Property for this contract. 6. ADDITION/TERMINATION OF LINES The Contractor will provide a fully functional SIM card, telephone number, and appropriate security codes to the COR within 24 hours after receiving a delivery order under the contract. The Contractor will terminate any line within 24 hours after receiving a written order to terminate a line from the Government representative. 7. NON-OFFICIAL LINES This Contract is valid only for official Government needs. 8. DISCLOSURE OF INFORMATION Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. 9. TECHNOLOGICAL REFRESHMENT After contract award, the Government may; pursuant to FAR clause 52.212-4 - Contract Terms and Conditions - Commercial Items, paragraph (c), Changes; request changes within the scope of the contract. These changes may be required to improve performance or react to changes in technology. The Contractor may propose for the Government's technological refreshment, substitutions or additions for any provided products or services that may become available as a result of technological improvements. The Government may, at any time during the term of this contract or any extensions thereof, modify the contract to acquire products which are similar to those under the contract and that the Contractor has, or has not, formally announced for marketing Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 35 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. 10. SPECIAL SHORT TERM PROMOTION For the entire contract duration, the Contractor will offer the U.S. Embassy the option to take advantage of any promotional programs that it offers and that is suited for use by U.S. Embassy staff. The U.S. Embassy, at its own discretion, will have the option to take or reject the opportunity. 11. DELIVERY ORDERS The Contracting Officer will issue delivery orders to order phone and services to the Contractor for performance of work under this contract. If an order is given orally, it will be followed up by a written delivery order within two (2) days. The Contracting Officer is the only person authorized to give an oral delivery order. If a task is given orally, it will be done by the Contracting Officer after funds have been identified and followed up by a written delivery order obligating those funds within two (2) days of the oral order. All task and delivery orders will be in written form, state the manner of the work to be performed, and have an issue date and a date by which the work is to be completed. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 36 12. TRAINING The Contractor shall provide, at no additional cost, training sessions in English to all U.S. Embassy employees who received a mobile phone. Training to be provided will include the proper operation of the equipment purchased and the equipment's operating features. The training will be coordinated with the COR to match the U.S. Embassy work schedule. 13. EQUIPMENT RETURN/DEFECTIVE POLICY If a telephone/SIM card is defective or is being returned, the telephone/SIM card will be exchanged within 2 business days. 13.1 Collecting Broken Units A messenger supplied by the Contractor will pick up broken units within 24 hours of being called, but not more than twice a week, at no additional cost. 13.2 Returning Fixed Units a) All units will be returned or substituted within two business day. b) Returned units will be accompanied by a form describing what was fixed. c) Service center managers shall approve that each unit is fixed and checked by technicians. d) If unit can't be fixed and memory cannot be transferred, the Contractor shall provide a printed memory list with the returned unit. 14. CUSTOMER SERVICE CENTERS 14.1 The Contractor shall provide a phone number and email address of a Business Service Desk for the purpose of reporting equipment problems and malfunctions, billing inquiries, and customer question regarding accounts and services. The contractor shall make sure that: a) Seven days a week and 24 hours a day, the Help-Desk support and troubleshooting for technical issues shall be available. b) A dedicated Technical Support person shall be assigned to manage this contract. c) The Project Manager shall be available Sunday through Thursday from 08:00 - 17:00, in addition to emergencies on weekends and holidays. d) More than 90% of the time connectivity is at maximum bit speed and less than three connectivity breakage per month. e) Commitment of maximum 60 minutes response time to Embassy focal point from the Project Manager. f) Commitment of maximum 60 minutes response time for Embassy calls to the Business Service Desk. g) Once the issue has been resolved, a notification email shall be sent to the appropriate Communication Center. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 37 15. SURVIVABILITY AND RECOVERY The Contractor shall have a working system of network survivability in case of emergencies and serious disasters when all networks may be jammed or when parts of the network are destroyed. The Contractor shall have a recovery plan in place that shall deal with such occurrences. 16. TERMINATION OF LINES/PLANS The Contractor shall not charge any penalty fees for terminating a line/plan during the contract year. 17. QUALITY ASSURANCE AND SURVEILLANCE PLAN (QASP) This plan provides an effective method to promote satisfactory contractor performance. The QASP provides a method for the Contracting Officer's Representative (COR) to monitor Contractor performance, advise the Contractor of unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory performance. The Contractor, not the Government, is responsible for management and quality control to meet the terms of the contract. The role of the Government is to monitor quality to ensure that contract standards are achieved. Performance Objective Performance Work Statement Performance Threshold Services. Performs all mobile communication services set forth in the scope of work. 1. thru 17. All required services are performed and no more than one (1) customer complaint is received per month. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 38 SECTION 2 - CONTRACT CLAUSES FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERICAL ITEMS (JAN 2017), is incorporated by reference (See SF-1449, Block 27A). 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (JAN 2017) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 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 items: X 1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 39 __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (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 (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). __(28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). __(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 40 __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) X (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. X (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (47) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (48)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 41 __ (iv) Alternate III (May 2014) of 52.225-3. __ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note). X (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (51) 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. 2302 Note). __ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). X (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (56) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (57) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 42 __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 43 (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) 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. 2302 Note). (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 44 ADDENDUM TO CONTRACT CLAUSES FAR AND DOSAR CLAUSES NOT PRESCRIBED IN PART 12 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://www.acquisition.gov/far/ or http://farsite.hill.af.mil/vffara.htm These addresses are subject to change. If the Federal Acquisition Regulation (FAR) is not available at the locations indicated above, use the Department of State Acquisition Website at http://www.statebuy.state.gov/ to see the links to the FAR. You may also use an internet "search engine" (i.e., Google, Yahoo, Excite) to obtain the latest location of the most current FAR. THE FOLLOWING FEDERAL ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE: CLAUSE TITLE AND DATE 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) 52.204-12 DATA UNIVERSAL NUMBERING SYSTEM NUMBER MAINTENANCE (DEC 2012) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013) 52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000) 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 52.229-6 FOREIGN FIXED PRICE CONTRACTS (FEB 2013) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013) Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 45 THE FOLLOWING FAR CLAUSES ARE PROVIDED IN FULL TEXT: 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through base period or option periods if exercised. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than US$ 50.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of US$150,000.00 (2) Any order for a combination of items in excess of US$250,000.00 or (3) A series of orders from the same ordering office within ten (10) days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirement clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 46 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract's effective period. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the performance period of the contract. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within the performance period of the contract or within 30 days after funds for the option year become available, whichever is later. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty (60) months or five (5) years. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 47 52.228-3 Workers' Compensation Insurance (Defense Base Act). As prescribed in 28.309(a), insert the following clause: WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) (JUL 2014) (a) The Contractor shall (1) Before commencing performance under this contract, establish provisions to provide for the payment of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers' compensation insurance or qualifying as a self-insurer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 932) as extended by the Defense Base Act (42 U.S.C. 1651, et seq.), and continue to maintain provisions to provide such Defense Base Act benefits until contract performance is completed; (2) Within ten days of an employee's injury or death or from the date the Contractor has knowledge of the injury or death, submit Form LS-202 (Employee's First Report of Injury or Occupational Illness) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 930(a), 20 CFR 702.201 to 702.203); (3) Pay all compensation due for disability or death within the time frames required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914, 20 CFR 702.231 and 703.232); (4) Provide for medical care as required by the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 907, 20 CFR 702.402 and 702.419); (5) If controverting the right to compensation, submit Form LS-207 (Notice of Controversion of Right to Compensation) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(d), 20 CFR 702.251); (6) Immediately upon making the first payment of compensation in any case, submit Form LS-206 (Payment Of Compensation Without Award) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c), 20 CFR 702.234); (7) When payments are suspended or when making the final payment, submit Form LS-208 (Notice of Final Payment or Suspension of Compensation Payments) to the Department of Labor in accordance with the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 914(c) and (g), 20 CFR 702.234 and 702.235); and (8) Adhere to all other provisions of the Longshore and Harbor Workers' Compensation Act as extended by the Defense Base Act, and Department of Labor regulations at 20 CFR Parts 701 to 704. (b) For additional information on the Longshore and Harbor Workers' Compensation Act requirements see http://www.dol.gov/owcp/dlhwc/lsdba.htm. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts to which the Defense Base Act applies. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 48 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond September 30 of the current calendar year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30 of the current calendar year, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. THE FOLLOWING DOSAR CLAUSES ARE PROVIDED IN FULL TEXT: CONTRACTOR IDENTIFICATION (JULY 2008) Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email. Contractor personnel must take the following actions to identify themselves as non-federal employees: 1) Use an email signature block that shows name, the office being supported and company affiliation (e.g. "John Smith, Office of Human Resources, ACME Corporation Support Contractor"); 2) Clearly identify themselves and their contractor affiliation in meetings; 3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and 4) Contractor personnel may not utilize Department of State logos or indicia on business cards. 652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE) (AUG 1999) (a) General. The Government shall pay the Contractor as full compensation for all work required, performed, and accepted under this contract the firm fixed-price stated in this contract. (b) Invoice Submission. The Contractor shall submit invoices in an original and 2 copies to the office identified in Block 18b of the SF-1449. To constitute a proper invoice, the invoice shall include all the items required by FAR 32.905(e). Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 49 (c) Contractor Remittance Address. The Government will make payment to the Contractor's address stated on the cover page of this contract, unless a separate remittance address is shown below: 652.216-70 ORDERING - INDEFINITE-DELIVERY CONTRACT (APR 2004) The Government shall use one of the following forms to issue orders under this contract: (a) The Optional Form 347, Order for Supplies or Services, and Optional Form 348, Order for Supplies or Services Schedule - Continuation; or, (b) The DS-2076, Purchase Order, Receiving Report and Voucher, and DS-2077, Continuation Sheet. 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AUG 1999) (a) The Contracting Officer may designate in writing one or more Government employees, by name or position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation. (b) The COR for this contract is the Information Management Officer. 652.225-71 SECTION 8(A) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999) (a) Section 8(a) of the U.S. Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)), prohibits compliance by U.S. persons with any boycott fostered by a foreign country against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The Boycott of Israel by Arab League countries is such a boycott, and therefore, the following actions, if taken with intent to comply with, further, or support the Arab League Boycott of Israel, are prohibited activities under the Export Administration Act: (1) Refusing, or requiring any U.S. person to refuse to do business with or in Israel, with any Israeli business concern, or with any national or resident of Israel, or with any other person, pursuant to an agreement of, or a request from or on behalf of a boycotting country; Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 50 (2) Refusing, or requiring any U.S. person to refuse to employ or otherwise discriminating against any person on the basis of race, religion, sex, or national origin of that person or of any owner, officer, director, or employee of such person; (3) Furnishing information with respect to the race, religion, or national origin of any U.S. person or of any owner, officer, director, or employee of such person; (4) Furnishing information about whether any person has, has had, or proposes to have any business relationship (including a relationship by way of sale, purchase, legal or commercial representation, shipping or other transport, insurance, investment, or supply) with or in the State of Israel, with any business concern organized under the laws of the State of Israel, with any Israeli national or resident, or with any person which is known or believed to be restricted from having any business relationship with or in Israel; (5) Furnishing information about whether any person is a member of, has made contributions to, or is otherwise associated with or involved in the activities of any charitable or fraternal organization which supports the State of Israel; and, (a) Paying, honoring, confirming, or otherwise implementing a letter of credit which contains any condition or requirement against doing business with the State of Israel. (b) Under Section 8(a), the following types of activities are not forbidden "compliance with the boycott,'' and are therefore exempted from Section 8(a)'s prohibitions listed in paragraphs (a)(1)-(6) above: (1) Complying or agreeing to comply with requirements: (i) Prohibiting the import of goods or services from Israel or goods produced or services provided by any business concern organized under the laws of Israel or by nationals or residents of Israel; or, (ii) Prohibiting the shipment of goods to Israel on a carrier of Israel, or by a route other than that prescribed by the boycotting country or the recipient of the shipment; (2) Complying or agreeing to comply with import and shipping document requirements with respect to the country of origin, the name of the carrier and route of shipment, the name of the supplier of the shipment or the name of the provider of other services, except that no information knowingly furnished or conveyed in response to such requirements may be stated in negative, blacklisting, or similar exclusionary terms, other than with respect to carriers or route of shipments as may be permitted by such regulations in order to comply with precautionary requirements protecting against war risks and confiscation; (3) Complying or agreeing to comply in the normal course of business with the unilateral and specific selection by a boycotting country, or national or resident thereof, of carriers, insurance, suppliers of services to be performed within the boycotting country or specific goods which, in the normal course of business, are identifiable by source when imported into the boycotting country; Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 51 (4) Complying or agreeing to comply with the export requirements of the boycotting country relating to shipments or transshipments of exports to Israel, to any business concern of or organized under the laws of Israel, or to any national or resident of Israel; (5) Compliance by an individual or agreement by an individual to comply with the immigration or passport requirements of any country with respect to such individual or any member of such individual's family or with requests for information regarding requirements of employment of such individual within the boycotting country; and, (6) Compliance by a U.S. person resident in a foreign country or agreement by such person to comply with the laws of that country with respect to his or her activities exclusively therein, and such regulations may contain exceptions for such resident complying with the laws or regulations of that foreign country governing imports into such country of trademarked, trade named, or similarly specifically identifiable products, or components of products for his or her own use, including the performance of contractual services within that country, as may be defined by such regulations. 652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999) (a) The Contractor warrants the following: (1) That is has obtained authorization to operate and do business in the country or countries in which this contract will be performed; (2) That is has obtained all necessary licenses and permits required to perform this contract; and, (3) That it shall comply fully with all laws, decrees, labor standards, and regulations of said country or countries during the performance of this contract. (b) If the party actually performing the work will be a subcontractor or joint venture partner, then such subcontractor or joint venture partner agrees to the requirements of paragraph (a) of this clause. 52.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988) This is to certify that the item(s) covered by this contract is/are for export solely for the use of the U.S. Foreign Service Post identified in the contract schedule. The Contractor shall use a photocopy of this contract as evidence of intent to export. Final proof of exportation may be obtained from the agent handling the shipment. Such proof shall be accepted in lieu of payment of excise tax. (End of clause) Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 52 SECTION 3 - SOLICITATION PROVISIONS FAR 52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JAN 2017), is incorporated by reference (see SF-1449, Block 27A) ADDENDUM TO 52.212-1 A. SUMMARY OF INSTRUCTIONS. Each offer must consist of the following: A.1. SF-1449. A completed solicitation, in which the SF-1449 cover page (blocks 12, 17, 19-24, and 30 as appropriate), and Sections 1 and 5 have been filled out. The Offeror shall include Defense Base Act (DBA) insurance premium costs covering employees. The offeror may obtain DBA insurance directly from any Department of Labor approved providers at the DOL website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm] A.2. INFORMATION. Information demonstrating the offeror's/quoter's ability to perform, including: (1) Name of a Project Manager (or other liaison to the U.S. Embassy/Consulate) who understands written and spoken English; (2) Evidence that the offeror/quoter operates an established business with a permanent address and telephone listing; (3) List of clients over the past 5 years, demonstrating prior experience with relevant past performance information and references (provide dates of contracts, places of performance, value of contracts, contact names, telephone and fax numbers and email addresses). If the offeror has not performed comparable services within Sultanate of Oman then the offeror shall provide its international experience. Offerors are advised that the past performance information requested above may be discussed with the client's contact person. In addition, the client's contact person may be asked to comment on the offeror's:  Quality of services provided under the contract;  Compliance with contract terms and conditions;  Effectiveness of management;  Willingness to cooperate with and assist the customer in routine matters, and when confronted by unexpected difficulties; and  Business integrity / business conduct. The Government will use past performance information primarily to assess an offeror's capability to meet the solicitation performance requirements, including the relevance and successful performance of the offeror's work experience. The Government may also use this data to evaluate the credibility of the offeror's proposal. In addition, the Contracting Officer may use past performance information in making a determination of responsibility. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 53 (4) Evidence that the offeror/quoter can provide the necessary personnel, equipment, and financial resources needed to perform the work; (5) The offeror shall address its plan to obtain all licenses and permits required by local law (see DOSAR 652.242-73 in Section 2). If offeror already possesses the locally required licenses and permits, a copy shall be provided (6) The offeror's strategic plan for Mobile Communication services to include but not limited to: (a) A work plan taking into account all work elements in Section 1, Performance Work Statement. (b) Identify types and quantities of equipment, supplies and materials required for performance of services under this contract. Identify if the offeror already possesses the listed items and their condition for suitability and if not already possessed or inadequate for use how and when the items will be obtained; (c) Plan of ensuring quality of services including but not limited to contract administration and oversight; and (d) (1) If insurance is required by the solicitation, a copy of the Certificate of Insurance(s), or (2) a statement that the Contractor will get the required insurance, and the name of the insurance provider to be used. (7) Information on Connectivity within Sultanate of Oman. (8) List of International Roaming contracts. (9) Offeror is required to provide a copy of the Rate Plan Subscription (10) Offeror is required to provide a Price List for accessories. (11) Evidence that the Contractor has a recovery plan in the event of an emergency or disaster. Any other written information that will provide proof of the company's technical and financial responsibility. Proposals shall be considered valid only if, the following company documents are submitted along with the proposal package at the time of submission. (a) Commercial Registration Certificate with the host government (b) Registration documents from host governments' Ministry of Commerce and Industry (c) Registration documents from Oman Chamber of Commerce and & Industry (d) A company brochure (e) Technical proposal (f) Client list, (g) Past performance record (h) Financial statement Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 54 A.3. IF REQUIRED BY THE SOLICITATION, PROVIDE EITHER: (a) a copy of the Certificate of Insurance, or (b) a statement that the Contractor will get the required insurance, and the name of the insurance provider to be used. ADDENDUM TO SOLICITATION PROVISIONS FAR AND DOSAR PROVISIONS NOT PRESCRIBED IN PART 12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at: http://www.acquisition.gov/far/or http://farsite.hill.af.mil/vffara.htm These addresses are subject to change. If the FAR is not available at the locations indicated above, use of an internet "search engine" (i.e., Google, Yahoo, Excite) is suggested to obtain the latest location of the most current FAR provisions. The following Federal Acquisition Regulation solicitation provisions are incorporated by reference: PROVISION TITLE AND DATE 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013) 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JULY 2016) 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013) 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991) 52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS (MAR 2015) 52.237-1 SITE VISIT (APR 1984) As prescribed in 37.110 (a), insert the following provision: Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 55 extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. A pre-proposal conference/site visit will be held on Thursday the May 18, 2017 at 10:00 A.M. at the U.S. Embassy, Muscat. Prospective Offerors/Quoters should contact Mohanarangan Sundaram at 2464-3488 for additional information or to arrange access to Embassy. The following DOSAR provision(s) is/are provided in full text: 652.206-70 ADVOCATE FOR COMPETITION/OMBUDSMAN (FEB 2015) The Department of State's Advocate for Competition is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged first to contact the contracting office for the solicitation. If concerns remain unresolved, contact: (1) For solicitations issued by the Office of Acquisition Management (A/LM/AQM) or a Regional Procurement Support Office, the A/LM/AQM Advocate for Competition, at AQMCompetitionAdvocate@state.gov. (2) For all others, the Department of State Advocate for Competition at cat@state.gov. (b) The Department of State's Acquisition Ombudsman has been appointed to hear concerns from potential offerors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombudsman is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evaluation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of concerns, issues, disagreements, and recommendations of interested parties to the appropriate Government personnel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidentiality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Judes DeBaere, Management Officer, phone number 00968-2464-3660, fax number 00968-2464-3770. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman. Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 516-1696 or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 1060, SA-15, Washington, DC 20520. (End of provision) Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 56 SECTION 4 - EVALUATION FACTORS The Government intends to award a contract/purchase order resulting from this solicitation to the lowest priced, technically acceptable offeror/quoter who is a responsible contractor. The evaluation process shall include the following: (a) COMPLIANCE REVIEW. The Government will perform an initial review of proposals/quotations received to determine compliance with the terms of the solicitation. The Government may reject as unacceptable proposals/quotations that do not conform to the solicitation. (b) TECHNICAL ACCEPTABILITY. Technical acceptability will include a review of past performance and experience as defined in Section 3, along with any technical information provided by the offeror with its proposal/quotation. The Government reserves the right to conduct a field test of the offeror's network within the Sultanate of Oman to ensure adequate connectivity. (c) PRICE EVALUATION. The lowest price will be determined by multiplying the offered prices times the estimated quantities in "Prices - Continuation of SF-1449, block 23", and arriving at a grand total, including all options. The Government reserves the right to reject proposals that are unreasonably low or high in price. (d) RESPONSIBILITY DETERMINATION. The Government will determine contractor responsibility by analyzing whether the apparent successful offeror complies with the requirements of FAR 9.1, including:  Adequate financial resources or the ability to obtain them;  Ability to comply with the required performance period, taking into consideration all existing commercial and governmental business commitments;  Satisfactory record of integrity and business ethics;  Necessary organization, experience, and skills or the ability to obtain them;  Necessary equipment and facilities or the ability to obtain them; and  Be otherwise qualified and eligible to receive an award under applicable laws and regulations. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 57 ADDENDUM TO EVALUATION FACTORS FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12 THE FOLLOWING FAR PROVISIONS ARE PROVIDED IN FULL TEXT: 52.217-5 EVALUATION OF OPTIONS (JUL 1990) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). 52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000) If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using the exchange rate used by the Embassy in effect as follows: (a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening. (b) For acquisitions conducted using negotiation procedures- (1) On the date specified for receipt of offers, if award is based on initial offers; otherwise (2) On the date specified for receipt of proposal revisions. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 58 SECTION 5 - REPRESENTATIONS AND CERTIFICATIONS 52.212-3 Offeror Representations and Certifications-Commercial Items (DEC 2016) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (t) of this provision. (a) Definitions. As used in this provision- "Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "Civil judgment" means- (1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction. (2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance. "DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces'". The DOL Guidance was initially published in the Federal Register on August 25, 2016, and significant revisions will be published for public comment in the Federal Register. The DOL Guidance and subsequent versions can be obtained from www.dol.gov/fairpayandsafeworkplaces. "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 59 administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are- (1) Department of Labor Wage and Hour Division (WHD) for- (i) The Fair Labor Standards Act; (ii) The Migrant and Seasonal Agricultural Worker Protection Act; (iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act; (iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act; (v) The Family and Medical Leave Act; and (vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors); (2) Department of Labor Occupational Safety and Health Administration (OSHA) for- (i) The Occupational Safety and Health Act of 1970; and (ii) OSHA-approved State Plans; (3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for- (i) Section 503 of the Rehabilitation Act of 1973; (ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and (iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity); (4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and (5) Equal Employment Opportunity Commission (EEOC) for- (i) Title VII of the Civil Rights Act of 1964; (ii) The Americans with Disabilities Act of 1990; (iii) The Age Discrimination in Employment Act of 1967; and (iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act). "Forced or indentured child labor" means all work or service- (6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters. "Labor laws" means the following labor laws and E.O.s: Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 60 (1) The Fair Labor Standards Act. (2) The Occupational Safety and Health Act (OSHA) of 1970. (3) The Migrant and Seasonal Agricultural Worker Protection Act. (4) The National Labor Relations Act. (5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act. (6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act. (7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity). (8) Section 503 of the Rehabilitation Act of 1973. (9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. (10) The Family and Medical Leave Act. (11) Title VII of the Civil Rights Act of 1964. (12) The Americans with Disabilities Act of 1990. (13) The Age Discrimination in Employment Act of 1967. (14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors). (15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html). "Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws". "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 61 (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern", consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 62 (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 63 current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications postedelectronically on SAM.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 64 (i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It □ has, □ has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 65 (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 66 (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 67 (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 68 ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 69 to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at.] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] □ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. □ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 70 services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] □ (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. □ (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 71 the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). □ TIN: ________________________________. □ TIN has been applied for. □ TIN is not required because: □ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; □ Offeror is an agency or instrumentality of a foreign government; □ Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. □ Sole proprietorship; □ Partnership; □ Corporate entity (not tax-exempt); □ Corporate entity (tax-exempt); □ Government entity (Federal, State, or local); □ Foreign government; □ International organization per 26 CFR 1.6049-4; □ Other ________________________________. (5) Common parent. □ Offeror is not owned or controlled by a common parent; □ Name and TIN of common parent: Name ________________________________. TIN __________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The Offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and (ii) It □ is, □ is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 72 (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a FelonyConviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 73 (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that- (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: ________ (or mark "Unknown") Predecessor legal name: _________________________ (Do not use a "doing business as" name) (s) Representation regarding compliance with labor laws (Executive Order 13673). If the offeror is a joint venture that is not itself a separate legal entity, each concern participating in the joint venture shall separately comply with the requirements of this provision. (1)(i) For solicitations issued on or after October 25, 2016 through April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $50 million. (ii) For solicitations issued after April 24, 2017: The Offeror □ does □ does not anticipate submitting an offer with an estimated contract value of greater than $500,000. (2) If the Offeror checked "does" in paragraph (s)(1)(i) or (ii) of this provision, the Offeror represents to the best of the Offeror's knowledge and belief [Offeror to check appropriate block]: □ (i) There has been no administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the offeror (see definitions in paragraph (a) of this section) during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter; or □ (ii) There has been an administrative merits determination, arbitral award or decision, or civil judgment for any labor law violation(s) rendered against the Offeror during the period beginning on October 25, 2015 to the date of the offer, or for three years preceding the date of the offer, whichever period is shorter. (3)(i) If the box at paragraph (s)(2)(ii) of this provision is checked and the Contracting Officer has initiated a responsibility determination and has requested additional information, the Offeror shall provide- (A) The following information for each disclosed labor law decision in the System for Award Management (SAM) at www.sam.gov, unless the information is already current, accurate, Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 74 and complete in SAM. This information will be publicly available in the Federal Awardee Performance and Integrity Information System (FAPIIS): (1) The labor law violated. (2) The case number, inspection number, charge number, docket number, or other unique identification number. (3) The date rendered. (4) The name of the court, arbitrator(s), agency, board, or commission that rendered the determination or decision; (B) The administrative merits determination, arbitral award or decision, or civil judgment document, to the Contracting Officer, if the Contracting Officer requires it; (C) In SAM, such additional information as the Offeror deems necessary to demonstrate its responsibility, including mitigating factors and remedial measures such as offeror actions taken to address the violations, labor compliance agreements, and other steps taken to achieve compliance with labor laws. Offerors may provide explanatory text and upload documents. This information will not be made public unless the contractor determines that it wants the information to be made public; and (D) The information in paragraphs (s)(3)(i)(A) and (s)(3)(i)(C) of this provision to the Contracting Officer, if the Offeror meets an exception to SAM registration (see FAR 4.1102(a)). (ii)(A) The Contracting Officer will consider all information provided under (s)(3)(i) of this provision as part of making a responsibility determination. (B) A representation that any labor law decision(s) were rendered against the Offeror will not necessarily result in withholding of an award under this solicitation. Failure of the Offeror to furnish a representation or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (C) The representation in paragraph (s)(2) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation in accordance with the procedures set forth in FAR 12.403. (4) The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its representation at paragraph (s)(2) of this provision is no longer accurate. (5) The representation in paragraph (s)(2) of this provision will be public information in the Federal Awardee Performance and Integrity Information System (FAPIIS). Note to paragraph (s): By a court order issued on October 24, 2016, this paragraph (s) is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (End of provision) Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 75 ADDENDUM TO OFFEROR REPRESENTATIONS AND CERTIFICATIONS FAR AND DOSAR PROVISION(S) NOT PRESCRIBED IN PART 12 The following DOSAR provision(s) is/are provided in full text: 652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999) (a) Definitions. As used in this provision: Foreign person means any person other than a United States person as defined below. United States person means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export Administration Act of 1979, as amended. (b) Certification. By submitting this offer, the offeror certifies that it is not: (1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States person from taking; or, (2) Discriminating in the award of subcontracts on the basis of religion. 52.209-79 REPRESENTATION BY CORPORATION REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CRIMINAL CONVICTION UNDER ANY FEDERAL LAW (SEPT 2014) (DEVIATION per PIB 2014-21) (a) In accordance with section 7073 of Division K of the Consolidated Appropriations Act, 2014 (Public Law 113-76) none of the funds made available by that Act may be used to enter into a contract with any corporation that - (1) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency has direct knowledge of the conviction, unless the agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government; or (2) Has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency has direct knowledge of the unpaid tax liability, unless the Federal agency has considered, in accordance with its procedures, that this further action is not necessary to protect the interests of the Government. Muscat Mobile Communication Services Solicitation SMU-300-17-R-0001 76 For the purposes of section 7073, it is the Department of State's policy that no award may be made to any corporation covered by (1) or (2) above, unless the Procurement Executive has made a written determination that suspension or debarment is not necessary to protect the interests of the Government. (b) Offeror represents that- (1) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/notices/e833d3cc0986c2a55c3a761c407fde5e)
Place of Performance: Address: U.S. EMBASSY MUSCAT, JAMEAT A�DHUWAL STREET, AL KHUWAIR, MUSCAT, SULTANATE OF OMAN, MUSCAT, Oman
Record: SN04497317-W 20170506/170505000419-e833d3cc0986c2a55c3a761c407fde5e (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

D -- MOBILE COMMUNICATION SERVICES