2021-08-10 _ Solicitation Number 83310121R0002 financial support.pdf

FINANCIAL OPERATIONAL AND TECHNICAL SUPPORT SERVICES

Solicitation Number 83310121R0002

REQUEST

FOR

QUOTES

PROJECT: FINANCIAL OPERATIONAL AND TECHNICAL

SUPPORT SERVICES for the Export Import Bank of the United States

QUOTATION DUE

DATE AND TIME:

September 10, 2021 5:00pm Eastern Time

SUBMIT TO: Export Import Bank of the United States See Section A - Request for Quotation Standard Form (SF18) Continuation for instructions.

SOLICITATION

NUMBER:

RFQ 83310121R0002

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING, DISSEMINATION, OR DISTRIBUTION OF THESE

DRAWINGS, PLANS OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED. PROPERLY DESTROY

DOCUMENTS WHEN NO LONGER NEEDED. DO NOT REMOVE THIS NOTICE.

Table of Contents Section A – Request for Quotation Standard Form (SF18) Continuation

Section B - Scope

B-001 TYPE OF CONTRACT

B-002 PRICING – CONTRACT LINE-ITEMS

B-003 TRAVEL COSTS

B-004 CONTRACTOR RESPONSIBILITIES

Section C - Descriptions / Specifications / Statement of Work

C-001 PURPOSE

C-002 PERFORMANCE WORK STATEMENT (PWS)

C-003 LABOR CATEGORY(IES)

C-004 TRAVEL

C-005 ACCEPTANCE CRITERIA

C-006 SYSTEMS OF RECORDS ON INDIVIDUALS

Section D - Packaging and Marking

D-001 MARKING OF REPORTS

Section E - Inspection and Acceptance

E-001 INSPECTION AND ACCEPTANCE CLAUSES

E-002 INSPECTION AND ACCEPTANCE (Services)

E-003.1 QUALITY CONTROL PLAN (QCP)

C-003.2 QUALITY MANAGEMENT SYSTEM (QMS)

E-004 ACCEPTANCE REVIEW AND QUALITY

Section F - Deliveries or Performance

F-001 PERIOD OF PERFORMANCE

F-002 PLACE OF PERFORMANCE

F-003 TIME OF PERFORMANCE

F-004 REPORTING REQUIREMENTS

F-005 UNFORESEEN GOVERNMENT FACILITIES CLOSURES- WORK AT A GOVERNMENT FACILITY

F-006 STOP-WORK

Section G - Contract Administration Data

G-001 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

G-002 INVOICE INSTRUCTIONS

G-003 INVOICE SUBMISSION

G-004 CONTRACT ADMINISTRATION DATA

Section H - Special Contract Requirements

H-001 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES

H-002 PERSONAL IDENTIFICATION CARD ISSUANCE PROCEDURES

H-003 CONTACT INFORMATION FOR SENSITIVE AND/OR OPERATIONAL POSITIONS

H-004 INSURANCE REQUIREMENTS

H-005 CONTRACTOR IDENTIFICATION

H-006 GOVERNMENT-FURNISHED PROPERTY

H-007 LABOR CATEGORY(IES) / KEY PERSONNEL

H-008 CONTRACTOR CODE OF BUSINESS ETHICS

H-009 PUBLIC RELEASE OF INFORMATION PERTAINING TO THIS CONTRACT

H-010 NON-DISCLOSURE AGREEMENT (NDA)

H-011 RULES AND REGULATIONS

H-012 SAFEGUARDING INFORMATION

H-013 RE-ASSIGNMENT AND REPLACEMENT OF KEY CONTRACTOR PERSONNEL

H-014 INDEMNIFICATION

H-015 NONPAYMENT FOR UNAUTHORIZED WORK

H-016 TECHNICAL DIRECTION

H-017 PHASE-OUT OF CONTRACT AND CONTINUITY OF SERVICES

H-018 NO COST SETTLEMENT

H-019 LABOR CATEGORY(IES)

H-020 RESPONSIBILITY FOR GOVERNMENT PROPERTY

H-021 SECURITY

H-022 USE OF GOVERNMENT FURNISHED COMPUTERS

H-023 ORGANIZATIONAL CONFLICT OF INTEREST – General

H-024 ORGANIZATIONAL CONFLICT OF INTEREST – Special

H-025 PRIVACY ACT ACKNOWLEDGEMENT

H-026 SYSTEM OF RECORDS ON INDIVIDUALS

H-027 PAST PERFORMANCE EVALUATION

H-028 REPLACEMENT / SUBSTITUTION OF CONTRACTOR PERSONNEL

H-029 UNSATISFACTORY PERFORMANCE BY CONTRACTOR PERSONNEL

H-030 UTILIZATION OF CONTRACTOR'S PROJECT MANAGER

H-031 POINT OF CONTACT

H-032 ORGANIZATIONAL CONFLICT OF INTEREST – General

Section I - Contract Clauses

Section J - List of Attachments

J-001 DEPARTMENT OF LABOR (DOL) WAGE DETERMINATION

J-002 SUBCONTRACT PLAN - TEMPLATE

J-003 PAST PERFORMANCE AND PRIOR EXPERIENCE QUESTIONNAIRE

J-004 RFQ QUESTIONS TEMPLATE

Section K - Representations, Certifications, and Other Statements of Offerors

Section L - Instructions, Conditions, and Notices to Offerors

L-001 QUOTE SUBMISSION CHECKLIST TABLE

Section M - Evaluation Factors for Award

M-001 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS

M-002 ADDENDUM TO FAR 52-212-2 EVALUATION—COMMERCIAL ITEMS

PART I – THE SCHEDULE

Section A – Request for Quotation Standard Form (SF18) Continuation

Attached as J-002 RFQ Questions Template. Offeror must submit all questions regarding the RFQ to patricia.ludlow@exim.gov no later than 5:00pm Eastern Time, August 24, 2021.

Quotations shall be submitted by email transmission ONLY to patricia.ludlow@exim.gov by 5:00pm on September 10, 2021.

There shall be two separate emails which the first (1st) will be the technical quote and the second (2nd) the price quote. The email submissions shall have subject lines of:

TECH QUOTE – Solicitation # 83310121R0002 – Your Company Name

PRICE QUOTE – Solicitation # 83310121R0002 – Your Company Name

Reference Section L - Instructions, Conditions, and Notices to Offerors for further instructions and quote submission checklist table.

If a response of “In receipt and in review” is not received by noon the day after submission, please follow-up with an email to patricia.ludlow@exim.gov and call 202- 565-3342.

If a request for quotation revision is issued, the date and time for receipt of quote revisions, if applicable, will be designated in that request.

mailto:patricia.ludlow@exim.gov

Section B - Scope

The Export Import Bank of the United States (EXIM hereafter) has a requirement for a contractor to provide FINANCIAL OPERATIONAL AND TECHNICAL SUPPORT SERVICES per the PSC/FSC R711 (Banking Services) and NAICS Code 522110 (Commercial Banking) $600M in assets per the Table of Small Business Size Standards.

B-001 TYPE OF CONTRACT

This is a Firm-Fixed-Price service contract. The obligation of funds for the performance of services under this contract will be made annually and execution of payment will be made monthly based on correct invoicing.

B-002 PRICING – CONTRACT LINE-ITEMS

Pricing shall be submitted as follows:

Line Item Description Quantity Unit Price

Total Price Running Total Summary

0001 Financial Operational and Technical Support Services

12 MO $_ $_

1001 Financial Operational and Technical Support Services

12 MO $_ $_

2001 Financial Operational and Technical Support Services

12 MO $_ $_

3001 Financial Operational and Technical Support Services

12 MO $_ $_

4001 Financial Operational and Technical Support Services

12 MO $_ $_

Option Pricing: Failure to indicate offer of the option by annotating the offeror’s option price in the schedule of Section B above may be deemed as non-acceptance of the option and could result in rejection of the offeror’s entire quote. Offerors may offer option unit prices, which differ from the unit prices for the base ordering period.

a. The Contractor will be responsible for adhering to the applicable labor standards as required and, for matters which the Contracting Officer (CO) is responsible, assisting and cooperating completely with the CO or designee to ensure that this contract is fully compliant with the applicable labor standards.

(1) FAR 22.11, Professional Employee Compensation

(2) FAR 22.10, Service Contract Act of 1965, as Amended

b. Applicable wage determination is: Service Contract Act WD # 2015-4281, Revision #18, April 7, 2021 for the District of Columbia. If another wage determination other than this is applicable based on the place of performance, identify place of performance here: ___________________. Additionally, fill-in FAR 52.215-6 Place of Performance.

The price specified herein is a firm-fixed-price annual rate which must include all the following: wages, indirect costs (including overhead, fringe benefits and general and administrative expenses), and profit.

B-003 TRAVEL COSTS

Travel costs are not allowed under this contract. The contractor should not be required to travel in performance of this PWS. If travel becomes necessary, a contract modification will be negotiated and executed.

B-004 CONTRACTOR RESPONSIBILITIES

To fulfill these requirements, the contractor is responsible for providing trained and certified financial professionals and supporting administrative services. The contractor shall provide all materials necessary to furnish the services and deliverables profiled in accordance with the “PWS - FINANCIAL OPERATIONAL AND TECHNICAL SUPPORT SERVICES” and specified standards herein. The contractor shall be responsible for controlling the quality of work performed for all tasks shall deliver work products and services in a manner that will meet or exceed the contract requirements.

As part of providing services under this contract, the Contractor shall meet the following responsibilities:

a. Management. The Contractor shall employ management practices that ensure all contract requirements are fulfilled in a technically compliant and timely manner.

b. Supervision.

(1) Differing task requirements, as well as the number and types of skills involved, will necessarily result in a variety of approaches to supervision.

(2) This contract may not be used to provide personal services. Government personnel may not perform any supervisory functions for Contractor personnel, such as interviewing, appraising performance, scheduling leave, or directing how to perform work. The contract personnel assigned to render services shall at all times be employees of the Contractor and under the direction and control of the Contractor. Notwithstanding any other provision of this contract, the Contractor shall at all times be responsible for the supervision of its employees in the performance of the services required. At no time shall the Contractor’s personnel be employees of the United States Government.

(3) Local rules, regulations, directives, and requirements issued by military and civilian authorities pursuant to their responsibility for the administration and security of Government and military installations are applicable to Contractor personnel entering the offices or installations or traveling via Government-owned transportation. The Contractor agrees that compliance will not be construed to establish any degree of Government control consistent with a personal services contract.

c. Contractor Personnel. The Contractor shall provide English-speaking, skilled personnel, with the supervision/management and administrative services necessary to successfully meet Government requirements. Required skill categories are defined in terms of typical duties and performance level standards.

(1) The Contractor shall provide the skill levels and labor mixes appropriate for the task(s) to be performed.

(2) Contractor personnel shall conduct only business covered by this contract during periods paid for by the Government and shall not conduct any other business on Government premises.

(3) Contractor personnel shall be United States citizens. Any exceptions to the citizenship requirement in the United States, territories, and possessions must involve individuals legally in the country, holding valid work permits. The use of persons who are not United States citizens requires the prior written approval of the CO.

(4) Contractor personnel are expected to conduct themselves in a professional and courteous manner at all times. Inappropriate conduct and/or substance abuse will not be tolerated. The Contractor will be responsible for removing the individual from the facility and taking such other action as is appropriate.

(5) If the Contractor personnel must speak and read in a language other than English, or have other required skills, the Government will identify and request this requirement.

d. Materials and Equipment. The Contractor shall furnish as described in the necessary materials and equipment necessary to successfully meet Government requirements.

e. Training. The Contractor, at its own expense, shall perform training, except:

(1) As applicable, the Government, will provide orientation and training on specific systems peculiar to the work to be performed by the Contractor. In the event the Contractor is required to replace an employee for reasons unrelated to the Government, the hours the employee spends in this orientation will not be chargeable. If the Contractor changes employees during the performance of tasks frequently enough to interfere with Government operations and impose a burden on Government training staff, the Contractor will be subject to training cost negotiation, in addition to a review of whether performance levels have been met.

(2) Limited training of Contractor employees may be authorized. For example, if software systems change during the performance of an ongoing task, and it is determined to be in the best interest of the Government to retain a Contractor employee for corporate experience and familiarity with the project in progress, and the Government has given prior approval for training to meet special requirements that are peculiar to a particular task, the Government may reimburse the Contractor through negotiation of the requirement.

f. Contractor Training of Government Employees. As necessary, the Contractor may be required to train designated Government personnel to utilize products / systems developed. This training shall be sufficient to provide a basic understanding of the methods and processes needed for employees to manage the function. The objectives for this training shall be outlined by the contractor.

g. Workload Management. The Contractor shall implement management systems and controls for recording and monitoring workloads for all tasks. This system shall include a means for acquiring signed timecards which allows the contractor to maintain the time sheets on file and have them available for an audit or when requested by the CO or COR. The systems shall be capable of providing historical and in-process workload data segregated by general task category and shall address areas covered by the government’s Quality Assurance Plan (QASP) within the contractor’s Quality Control Plan (QCP).

The QCP and QASP are defined as:

- Quality Control monitors work as it happens and ensures that the results satisfy the requirements specified.

- Quality Assurance is planning to do the right things at the right time and the right way.

h. Security Requirements

(1) Any security requirements for information technology (IT)-related tasks will comply with the Computer Security Act of 1987.

(2) If a security clearance is required, the Contractor will be responsible for having the individual complete the security clearance form and submit the form in accordance with government procedures (which can vary depending upon the type of security clearance).

The clearance process generally takes from six months to a year, inclusive of the investigation, depending upon the clearance level required.

Section C - Descriptions / Specifications / Statement of Work

C-001 PURPOSE

The purpose of this solicitation is to provide FINANCIAL OPERATIONAL AND TECHNICAL SUPPORT SERVICES to the Office of Board Authorized Finance’s Transportation Portfolio Management Division in Washington, DC for the Export Import Bank of the United States.

C-002 PERFORMANCE WORK STATEMENT (PWS)

This is a Commercial Item (SERVICES) contract with a Performance Work Statement (PWS) and incorporated herein Section C.

Definition per FAR 2.101, "Performance Work Statement (PWS)" means a statement of work for performance-based acquisitions that describes the required results in clear, specific and objective terms with measurable outcomes.

PWS - FINANCIAL OPERATIONAL AND TECHNICAL SUPPORT SERVICES

1.0 INTRODUCTION

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform transportation portfolio financial operational and technical support services as defined in this

Performance Work Statement except for those items specified as Government furnished property and services.

2.0 BACKGROUND

1. The need for this support has arisen due to the COVID-19 pandemic. Due to COVID related travel restrictions, the airline industry and EXIM’s aircraft portfolio have come under significant unexpected strain. Due to the COVID-19 pandemic (Pandemic), approximately

20 different airlines or other EXIM transportation division or TPMD borrowers/primary sources of repayment have informed EXIM that they face financial difficulties and either have declared, have threatened to declare or will declare bankruptcy or seek some form of restructuring, payment or other financial relief from EXIM. EXIM anticipates that the number of such requests and/or bankruptcies will increase as the Pandemic continues.

2. Even when aircraft are not being operated, under the applicable home country laws and to retain their “airworthy” status, they must be regularly maintained by specialized, and licensed mechanics. Further, local law under some jurisdictions may require the airlines -as employers - to offer their employees additional benefits should they fall ill due to the

Pandemic, such as extended paid sick leave or extended paid administrative time off, further adding to the airlines’ debt load. Additionally, if an airline furloughs its employees, the airline might in certain circumstances be required to offer the furloughed employees expensive additional benefits under applicable law. In some jurisdictions, airlines may be sued, including via costly class actions, for recovery of fees incurred with respect to cancelled flights or on other terms, and must incur substantial legal fees to defend themselves in such lawsuits. Thus, airlines have maintained a high-cost base, coupled with a shrinking revenue base due to the Pandemic and its repercussions, and this situation is made worse with the specter of potential mandated increases in benefits to its employees as a social “safety net”. This has led to their payment difficulties, and caused them to ask

EXIM, as well as their other lenders and creditors, for financial relief or to declare bankruptcy, as applicable. This same need for relief could apply to EXIM’s operating lessor customers, as they rely on airlines’ payments made under their operating leases.

3. Given the above, the EXIM requires commercial operational technical support for the administrative burdens associated with invoicing and collecting on defaulted transactions.

In addition, the contractor must have the capability to interact with other foreign Export

Credit Agencies (ECAs) who act as co-financing parties to EXIM guaranteed financings to help support EXIM determine the proper billing/invoicing of co-financed amounts from, and the proper processing of recovery amounts due to, the co-financing ECAs.

3.0 SCOPE

Contractor shall provide commercial operational technical, aircraft-finance related or other EXIM transportation division transaction-related financial support services. Services shall include, but not be limited to, acting as an invoicing agent on deferral agreements, calculations of default/interest rates, generating/transmitting invoices, reconciling the payments against the transaction exposure, and tracking payments received. Contractor shall also provide these same financial support services regarding at-risk non-aircraft transactions, involving rail, rail infrastructure, maintenance, repair and overhaul services transactions, or any other complex, structured financial transaction experiencing financial difficulties due to, impacted by, or made worse following the COVID-19 global pandemic response, including support services for all

EXIM TPMD or transportation division transactions, regardless of their nature.

4.0 OBJECTIVES (NATURE OF WORK)

Desired Outcome: Comprehensive regular tracking/record keeping and effective administrative management of distressed transactions. More specific outcomes will depend upon the specific situation of the given transaction’s counterparty and may include: recoveries of amounts due, which mitigates risk for EXIM in light of the Pandemic; creation and transmission of accurate invoices to EXIM borrowers; accurate calculations of default and other interest amounts due;

careful reconciliation of payments received against outstanding exposure calculations;

development, presentation, and completion of any agreed upon related documentation; and effective representation of EXIM’s interests in connection with any EXIM customer contact.

Contractor must be able to respond to work requests without any delay. The need for Services is likely to arise with little if any warning. Contractor must proceed promptly without compromising efficacy. The exact date on which a given transaction could proceed into bankruptcy, receivership or other impaired status is not susceptible to exact prediction. The Contractor must be ready always to accept and carry out contract requirements from EXIM.

Constraints: Unexpected challenges and rapidly changing macroeconomic conditions stemming from the evolving and unexpected nature of the COVID crisis.

5.0 APPLICABLE DIRECTIVES

1. All services performed under this PWS shall fall within the governance of the Federal

Acquisition Regulation (FAR), applicable Bank policies and directives, and Federal law and regulation (such as Privacy Act, Procurement Integrity Act, etc.). It is incumbent upon the Contractor to be knowledgeable of all applicable laws and regulations. Bank policies and directives will be made available to the Contractor upon request.

2. Contractor shall become familiar with EXIM’s transportation portfolio, as well as EXIM’s policies and procedures related to the underwriting and documentation of transportation transactions.

3. The contractor must handle all material in accordance with the Privacy Act, 5 USC 522a, and the Procurement Integrity Act.

6.0 GOVERNMENT FURNISHED INFORMATION OR PROPERTY

EXIM shall provide the project files to the Contractor, to the extent the Contractor does not already possess them. EXIM shall provide Contractor with any background information necessary to perform Contractor’s Services for EXIM, to the extent Contractor does not already possess such information.

7.0 SPECIFIC REQUIREMENTS / TASKS

Tasks

1. Contractor shall provide technical financial operational services, particularly with invoicing management for the transportation industry, to provide technical professional support services and respond to any EXIM queries.

2. The contractor shall obtain knowledge of EXIM’s transportation portfolio and transaction terms to be able to provide the services required through working directly on EXIM transportation transactions.

3. The contractor shall be identified as EXIM’s Invoicing Agent to enter into EXIM deferral agreements as the Invoicing Agent for Lessors.

4. The contractor shall calculate the rates for floating rate transactions and invoice the airlines, operating lessors, or other relevant parties for amounts due based on certain published rates, such as LIBOR, LIBOR or its replacement reference rate, as applicable, whether by agreement of the relevant parties or by operation of law, pursuant to a restructuring agreement or in connection with the cessation of LIBOR, and shall submit all calculations and documentation showing the calculations to EXIM Office of the Chief Financial Officer’s (OCFO) Servicing team for review and approval.

5. The contractor shall also calculate balances and prepare and send invoices for EXIM transportation transactions where deferrals have resulted in lease payments being different from loan payments after review and approval by EXIM OCFO’s Servicing team. Upon approval, the contractor will send the invoices with a copy to OCFO Servicing.

6. The contractor shall also bill/invoice co-finance amounts from and process receivable amounts due to co-financing ECAs. This could involve tracking foreign currency amounts and resolving any related issues for invoicing purposes. The contractor will provide notice of amounts due to co-finance parties, as well as documentation showing the calculations and any necessary documents to support the payments through the certification processes, to OCFO Servicing at least 15 calendar days before any disbursement due dates so that OCFO Servicing can process these disbursements/recoveries timely and within established date requirements. Any co-finance related bills and invoices need to be reviewed and approved by OCFO Servicing before external distribution by contractor.

7. The contractor shall prepare regular activity and reconciliation and outstanding balances reports documenting calculations made, invoices sent and payment activities. These reports will be sent to TPMD and OCFO Servicing.

8. The contractor shall, when and where applicable, interact with all relevant transaction parties, including, but not limited to:

a) local legal counsel or legal counsel of other parties involved in the transaction,

b) PEFCO, rail, aircraft, or engine manufacturers (and/or their related financing affiliates, vehicles, or entities, such as Boeing Capital Corporation),

c) guaranteed lenders,

d) junior or commercial lenders,

e) facility/loan agents,

f) insurers,

g) re-insurers,

h) insurance brokers,

i) indenture trustees,

j) security trustees,

k) bondholders or their representatives or legal counsel,

l) borrowers,

m) operating lessors,

n) airlines,

o) other export credit agencies, or

p) co-financers or joint risk-sharing entities

9. The contractor shall provide recommendations to assist the Office of Board Authorized

Finance (OBAF) staff in its ongoing operational management of the transportation portfolio.

10. The contractor shall provide services for post transaction matters, to include acting as EXIM’s

Invoicing agent for deferral agreements for Lessors or other relevant parties, the calculations of default interest and other required interest rates consistent with the transactional terms of floating rate transactions, the generation of invoices, and the generation of related reports for

EXIM’s informational purposes.

11. The contractor shall provide recommendations on how EXIM should advocate for interests in, and, where applicable, help EXIM calculate, process, resolve and/or document the following:

a) default and other additional interest rates on floating rate transactions,

b) participation in deferral agreements as the invoicing agent

c) airline invoices within appropriate timelines

d) reconciliation of payments received against amounts outstanding; reconciliations need to tie to the source system balances

e) documenting and resolving any out of balance reconciliations

f) bills, invoices, and calculations of outstanding balances prepared by contractor on behalf of EXIM Bank need to be reviewed and approved by OCFO Servicing before external distribution.

12. The contractor shall provide recommendations to EXIM on, and assist with interest calculations and invoicing in connection with or arising out of:

a) the waiver or potential or partial payment of claims under the EXIM guarantee (and or any related co-financing agreement or risk-sharing arrangement) subject to OCFO review and approval; or

b) the entry into, waiver, making of any claims, exercise of any rights of remedies, or receipt of any payments under any sovereign, personal or corporate guarantee, subject to OCFO review and approval.

13. The contractor shall in response to billing and payments:

a) meet established billing deadlines or other timelines as may be established by third parties

(i.e. courts, administrative bodies), or EXIM, including providing required calculations to

OCFO Servicing 15 calendar days before any invoices are to be sent. EXIM standard is to send invoices no later than 30 days before the due date.

b) comply with performance schedules established in writing (unless otherwise agreed to by

EXIM in its sole discretion) between TPMD and contractor; EXIM will provide any deadlines to the contractor as soon as practicable and the contractor will notify EXIM of any concerns meeting the deadline(s) given for further discussion with EXIM. However, many deadlines may be externally imposed (i.e., filing deadlines, etc.) and therefore may not be adjustable. In these cases, the contractor is expected to meet the deadlines.

c) conduct regularly scheduled conference calls with relevant EXIM staff to provide status updates; these calls should occur monthly or otherwise at the discretion of EXIM.

d) provide EXIM with copies of its (or any subcontractor’s) work product, deferral agreements, memoranda or other deliverables requested by EXIM.

14. Any or all of the services may be applicable to and requested by EXIM for any EXIM transportation division transaction of any nature, including any transportation division transaction involving parties other than airlines, such as operating lessor transactions, Maintenance, Repair and Operations (MRO)-related transactions, medium-term or small aircraft program transportation division transactions, or commercial rail transactions or rail infrastructure/logistical support transactions, or other structured financial transactions. As such, EXIM may seek contractor’s expertise to render Services regarding non-aircraft transactions, involving rail, rail infrastructure or any other MRO-related or other complex, structured financial transaction experiencing financial difficulties due to, made worse by or following the COVID-19 global pandemic response.

Requirements:

1. The contractor shall possess and implement expert level knowledge of and experience with the aviation financial market, financing tools and structures of aircraft transactions, aircraft financing documentation, and working as a financial/invoicing agent providing operational and administrative services required by the terms of aircraft financings. For the purposes of this entire document, expert level knowledge would consist of key personnel who should have at least 10 years professional experience working with and operationally/administratively supporting EXIM’s transportation portfolio in a financial or invoicing agent capacity, working within the aviation financial market, working with capital market financing tools for aircraft financing, and technically supporting aviation transaction reschedulings and workouts.

2. Contractor shall have experience reviewing and operationally executing on the terms contained within the documentation associated with transportation transactions, especially EXIM transportation transactions.

3. Contractor shall have experience with financial and/or invoicing agent operational concepts and best practices.

4. Contractor shall not knowingly or willfully release to any person or entity any portion of documentation provided to them by EXIM, unless acting at EXIM’s request. The contractor is expected to have access to sensitive, confidential, business information and or trade secrets of parties to a given transportation transaction. The contractor shall handle all such information in accordance with applicable federal law and regulations.

5. EXIM will have task monitors who will act as points of contact for the Contractor for specific items. The task monitors by task are presented below.

PWS

Task #

Task Manager / Monitor

1 OCFO/Controller

2 TPMD

3 OCFO/Controller

4 OCFO/Controller

5 OCFO/Controller

6 OCFO/Controller

7 TPMD and OCFO/Controller

8 TPMD

9 TPMD

10 TPMD

11 TPMD and OCFO/Controller

12 TPMD and OCFO/Controller

13 TPMS and OCFO/Controller

14 TPMD

8.0 DELIVERABLES

List any reports or documentation that is required as a deliverable to include the frequency, # of copies, and format. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes. Note: All PWS deliverables should be included in this table. Contractor should include in their proposed schedule a time for the Government to review.

Item

Deliverable Section Format/ Quantities Due Date

1. Activity and

Reconciliation and Outstanding

7 para 6 Document transmitted via email

COB every Friday

Item

Deliverable Section Format/ Quantities Due Date

Balances

Reports

2. Response to

EXIM’s queries

Teleconference and/or email

As needed

3. Interest rate calculations, co-finance amount calculations, and invoice generation

7 para 10 Word or Excel document and/or email

45 calendar days before an invoice is to be sent so that EXIM can meet its standard of sending invoices no later than 30 days before the due date. This requirement holds unless otherwise agreed to by EXIM in its sole discretion. EXIM will make all reasonable efforts to review documentation submitted and provide comments to the contractor within 5 business days from receipt.

4. Copies of work product, deferral agreements, memoranda or other deliverables requested by

EXIM

7 para

13.d

As needed Written report, word document, spreadsheet, and/or email

Within 5 business days of identifying need for draft/revision, unless otherwise agreed to by EXIM in its sole discretion. EXIM will make all reasonable efforts to review documentation submitted and provide comments to the contractor within 5 business days from receipt.

5. Confirmation billing deadline was met (if applicable)

7 Written report and/or email

As needed

6. Conduct

Conference calls

7 Teleconference As needed

9.0 PERFORMANCE REQUIREMENT SUMMARY (PRS)

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Task or

Deliverable

Performance

Standard

Acceptable

Quality

Level (AQL)

Surveillance

Method

Performance Rating Incentives /

Disincentives

Handling critical, time sensitive requests for interest calculations from EXIM

Transportatio n Borrowers

(reference item 3 in the deliverables section)

Performance rating will be based upon the ability of the

Contractor to respond to the request and timeliness of the response.

85% or more of the requests are resolved within established deadlines.

Performance

Input received from TPMD management based on quality of calculations and status of requested items.

Review to be performed on a periodic basis depending on the level of requests from

EXIM’s borrowers.

Exceptional

Very Good

Satisfactory

Marginal

Unsatisfactory

Exceptional (Greater than 99%) Very Good (Between 98% and 96%) Satisfactory (between

93% and 95%) Marginal (Between 91% and 93%) Unsatisfactory (Less than 90%)

Positive or negative

CPARS

rating

Coordination with TPMD management and OCFO

Servicing relative to the creation and transmission of invoices and amount calculations

(reference item 3 in the deliverables section)

Performance rating will be based upon the ability of the Contractor to respond to the request and timeliness of the response.

85% or more of the requests are resolved within established deadlines.

Performance

Input received from TPMD management based on quality of invoices and status of requested items.

Review to be performed on a periodic basis depending on the level of requests from

EXIM’s borrowers.

Exceptional

Very Good

Satisfactory

Very Good (Between 98% and 96%) Satisfactory (between

93% and 95%) Marginal (Between 91% and 93%) Unsatisfactory (Less than 90%)

Positive or negative

CPARS

rating

Task or

Deliverable

Performance

Standard

Acceptable

Quality

Level (AQL)

Surveillance

Method

Performance Rating Incentives /

Disincentives

Response to

EXIM’s queries

(reference item 2 in the deliverables section)

Performance rating will be based upon the ability of the

Contractor to respond to the request and timeliness of the response.

Regular and ad-hoc meetings or calls between contractor and

Government

Surveillance by EXIM

COR will be performed as the event occurs.

Exceptional

Very Good

Satisfactory

Very Good (Between 98% and 96%) Satisfactory (between

93% and 95%) Marginal (Between 91% and 93%) Unsatisfactory (Less than 90%)

Positive or negative

Exercise of option

Copies of work product, deferral agreements, memoranda or other deliverables requested by

EXIM

(reference item 4 in the deliverables section)

On time All deliverables as described in the PWS and specified in the approved

Schedule of

Deliverables

100%

Inspection

Exceptional

Very Good

Satisfactory

Marginal

Unsatisfactory

Positive or negative

Task or

Deliverable

Performance

Standard

Acceptable

Quality

Level (AQL)

Surveillance

Method

Performance Rating Incentives /

Disincentives

Confirmation billing deadline was met (reference item 5 in the deliverables section)

Performance rating will be based upon the ability of the

Contractor to respond to the request and meetings between contractor will be performed as the event occurs.

Exceptional

Very Good

Satisfactory

Very Good (Between 98% and 96%) Satisfactory (between

93% and 95%) Marginal (Between 91% and 93%) Unsatisfactory (Less than 90%)

Positive or negative

Conduct

Conference calls

(reference item 6 in the deliverables section)

Performance rating will be based upon the ability of the

Contractor to respond to the request and ad-hoc calls between contractor

COR will be performed as the event occurs.

Exceptional

Very Good

Satisfactory

Very Good (Between 98% and 96%) Satisfactory (between

93% and 95%) Marginal (Between 91% and 93%) Unsatisfactory (Less than 90%)

Positive or negative

Task or

Deliverable

Performance

Standard

Acceptable

Quality

Level (AQL)

Surveillance

Method

Performance Rating Incentives /

Disincentives

Business

Relations

Professional and respectful of all parties

Regular and ad-hoc meetings between contractor and

Government

Semi-Annual

Performance

Evaluation

Exceptional

Very Good

Satisfactory

Marginal

Unsatisfactory

Positive or negative

CPARS

rating

Management of Key

Personnel

Appropriate credentials for the work involved

Attends scheduled meetings as invited

Available for meetings as necessary for contractual concerns

Regular and ad-hoc meetings between borrowers, Government, and contractor as needed

Semi-Annual

Performance

Evaluation

Exceptional

Very Good

Satisfactory

Marginal

Unsatisfactory

Positive or negative

CPARS

rating

Activity and

Reconciliation

Reports

Performance rating will be based upon the ability of the

Contractor to respond to the request and timeliness of the response.

85% or more of the reports are provided within established deadlines.

Performance

Input received from TPMD management based on quality of activities and status of requested items.

Review to be performed on a weekly basis.

Exceptional

Very Good

Satisfactory

Very Good (Between 98% and 96%) Satisfactory (between

93% and 95%) Marginal (Between 91% and 93%) Unsatisfactory (Less than 90%)

Positive or negative

C-003 LABOR CATEGORY(IES)

The labor category(ies) provides for a range of financial support services. A specific task may use any labor category provided in this contract, regardless of task. In addition to the education and experience described for each labor category, all must be proficient in the use of personal computers and be familiar with the basic Microsoft Office Suite of products including Word, Excel, and Outlook. Individuals must be able to work with conflicting demands in a high stress environment, possess an eye for detail and have knowledge of database structures and data privacy. Contractor personnel must possess excellent written and oral communications skills and have a pleasant demeanor to maintain high standards of customer service.

C-004 TRAVEL

Travel costs are not allowed under this contract. The contractor should not be required to travel in performance of this PWS. If travel becomes necessary, a contract modification will be negotiated and executed.

C-005 ACCEPTANCE CRITERIA

The Contracting Officer Representative (COR) will review all deliverables for their completeness and accuracy. The contractor shall correct any deficiencies as directed and shall resubmit the deliverable item in accordance with a mutually agreed to schedule.

C-006 SYSTEMS OF RECORDS ON INDIVIDUALS

This contract may require the design, development, or operation of one or more Systems of Records on individuals subject to the Privacy Act of 1974. Performance of work under this contract shall be in accordance with FAR 52.224-1 Privacy Act Notification and FAR 52.224-2 Privacy Act.

Section D - Packaging and Marking

D-001 MARKING OF REPORTS

All reports delivered by the contractor to the government under this contract shall prominently show on the cover of the report:

(a) Name and business address of the contractor;

(b) Contract number and delivery order number (if applicable);

(c) Date of report; and

(d) Program office(s).

(e) All reports become the property of the EXIM. Reports shall not contain any markings or legends which restrict the EXIM’s use of such reports in any way.

Section E - Inspection and Acceptance

E-001 INSPECTION AND ACCEPTANCE CLAUSES

52.246-4 Inspection of Services - Fixed-Price (Aug 1996)

E-002 INSPECTION AND ACCEPTANCE (Services)

Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.

E-003.1 QUALITY CONTROL PLAN (QCP)

The Contractor is required to maintain a system of quality control commensurate with the contract requirements. At a minimum, historical, and in-process workloads segregated by general task category is required. The quality of services performed under this contract shall conform to the highest standards in the industry.

The Contractor is required to immediately notify the COR of problems or situations that could negatively impact compliance with the provisions of the contract and to inform the COR of the plan the Contractor will implement to resolve problems.

C-003.2 QUALITY MANAGEMENT SYSTEM (QMS)

QCP shall incorporate ISO 9001:2015, Quality management systems identify the commitment to customer service and continuous improvement.

Contractor shall demonstrate:

a) ability to consistently provide products and services that meet customer and applicable statutory and regulatory requirements, and

b) aim to enhance customer satisfaction through the effective application of the system, including processes for improvement of the system and the assurance of conformity to customer and applicable statutory and regulatory requirements.

E-004 ACCEPTANCE REVIEW AND QUALITY

The Government will conduct a review of the contract deliverables for completeness, correctness, and compliance with SOW requirements. Quality control standards should be dependent upon the complexity of the tasks to be performed. Acceptance criteria for services include quality, frequency, timeliness, and management responsiveness.

The Government will provide written notice to the Contractor of deficiencies or necessary corrections to deliverables within 30 calendar days of receipt of any one deliverable. This notice will state the action the Government requires of the Contractor in accordance with provisions of 52.246-20, Warranty of Services.

Section F - Deliveries or Performance

F-001 PERIOD OF PERFORMANCE

This contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect until

Period / Option Year Period of Performance (PoP)

Initial / Base Year To be Determined at time of Award

Option I Period To be Determined at time of Award

Option II Period To be Determined at time of Award

Option III Period To be Determined at time of Award

Option IV Period To be Determined at time of Award

F-002 PLACE OF PERFORMANCE

The principal place of performance for this contract shall be determined by the successful offeror as identified within FAR 52.215-6 Place of Performance.

F-003 TIME OF PERFORMANCE

The Contractor shall perform the stated services for eight hours per day between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding Government holidays.

F-004 REPORTING REQUIREMENTS

Specific reporting formats and content detail is identified in the deliverables of the Performance Work Statement (PWS).

F-005 UNFORESEEN GOVERNMENT FACILITIES CLOSURES- WORK AT A GOVERNMENT FACILITY

For work done at a Government facility, when an unforeseen Government facility closure occurs on a scheduled day of work, the Contractor shall not be required to perform any services on the day of the closure and shall receive no payment (unless the COR designates these services are essential during the time of facility closure). In the event of a partial day unforeseen Government facility closure, the Government will notify the Contractor within one hour after notification of the facility closure is received.

Payment on a partial day closure will be made for the actual time worked.

F-006 STOP-WORK

Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the

Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(End of clause)

Section G - Contract Administration Data

G-001 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

(a) The Contracting Officer may designate in writing one or more Government employees, by name and 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 is [insert job title of COR]

G-002 INVOICE INSTRUCTIONS

Invoice submission must follow clause “Submission of Invoices” in Section I – Clauses and additionally include detail contract line-item information in direct accordance with the corresponding order / award / contract. Include the following information:

(1) Contract Line-Item Number (CLIN)

(2) Description of the services rendered for each line item

(2) Line-Item Quantity

(3) Line-Item Unit Price

(4) Total Line-Item Invoicing Amount

(5) Delivery Date

To submit invoices, vendor MUST be registered in the Invoice Processing Platform (IPP) – http://www.ipp.gov/vendors/index.htm

All payment to domestic claims will be disbursed by electronic funds transfer EFT.

Vendors MUST be registered in the System for Award Management (SAM) at https://sam.gov/ and should verify and re-confirm their financial information in the database prior to invoicing.

G-003 INVOICE SUBMISSION

a. Invoice submission will include:

(1) The invoice and supporting documentation shall be submitted in an Excel format to the Government via the Internet or in diskette form via FedEx at Contractor expense.

(2) The supporting documentation shall be sent electronically if possible.

(3) The Contractor shall render monthly invoices and supporting documentation in arrears by the 7th calendar day of the following month or the next business day if the 7th calendar day is on a weekend or holiday.

(4) The cut-off date for the invoicing periods will be the last calendar day of the month. The start date will be the first day of the month.

c. All billing issues shall be handled and resolved between the Contractor and the COR and/or invoicing office, as appropriate, and referred to the CO when necessary.

Contracting Officer Representative Contracting Officer

TBD at time of award patricia.ludlow@exim.gov

G-004 CONTRACT ADMINISTRATION DATA

Contracting Officer: Patricia Ludlow Telephone Number: 202-565-3342 Email: patricia.ludlow@exim.gov

Section H - Special Contract Requirements

H-001 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES

(a) General. The Contractor shall be responsible for information technology (IT) security for all systems connected to EXIM’s network or operated by the contractor for EXIM, regardless of location. This clause is applicable to all or any part of the contract in which https://sam.gov/ the contractor has physical or electronic access to EXIM’s information that directly supports the mission of EXIM.

The term "information technology", as used in this clause, means any equipment, including telecommunications equipment, that is used in the automatic acquisition, storage, manipulation, management, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130. Examples of tasks that require security provisions include:

(1) EXIM e-Government sites or other IT operations;

(2) Acquisition, transmission, or analysis of data owned by EXIM with significant replacement cost should the Contractor's copy be corrupted; and

(3) Access to EXIM general support systems / major applications at a level beyond that…