20343121Q00004.pdf

SUBJECT: INTER-AMERICAN FOUNDATION (IAF) PROFESSIONAL LOCAL LIAISON ADVISORY

SERVICE (LLAS) CONTRACTOR FOR ECUADOR

Dear potential applicants, The Bureau of the Fiscal Service, on behalf of the Inter-American Foundation (IAF), is seeking applications from qualified citizens living in Ecuador to provide services as an LLAS Contractor in Ecuador under a Personal Services Contract (PSC), as described in the following solicitation: 20343121Q00004. This document describes the job of the LLAS Contractor. Please read it carefully.

This contract will be awarded for a twelve-month Base Period and four (4), twelve-month Option Periods in accordance with the following Statement of Work (SOW) and Contract Terms and Conditions. Option periods are not guaranteed and will be exercised at the discretion of IAF based, in part, on the Contractor’s performance. The estimated base period salary with benefits for this LLAS Contractor position is based on 1560 hours (3/4 time) and is estimated at $72,716.51, for the base periods; but may be negotiated based upon capabilities to perform, qualifications, educational background, experience, previous salary and work history. The LLAS Contractor position may have optional sub-contracting possibilities available for an Administrative Assistant, and a Technical Consultant. The government reserves the right to change the position to full-time, an estimated 2080 hours annually. If the option of full time is exercised, an estimated addition to salary and benefits of $23,374.36 shall apply at that time.

The applicant assumes full responsibility for ensuring that their responses are received at the place as delineated herein and by the date and time identified below. The Respondent assumes full responsibility for ensuring electronic submissions are formatted in accordance with Security Requirements. The following file extensions are unacceptable: BAT; CMD;

EXE; PIF; RAR; SCR; VBS; HTA; AND CPL FILES. Microsoft Office compatible documents and Adobe PDF are acceptable. Submitted materials with unacceptable or unreadable formats may be found non-responsive.

Applications shall be e-mailed to purchasing@fiscal.treasury.gov, with the subject line “Applications for 20343121Q00004 LLAS CONTRACTOR - EC, Attn: KBailey/DHolbert and received on or before 2:00 pm EST, January 4, 2021. Late or incomplete applications will not be considered. Only complete applications submitted to the e-mail address above will be considered. Questions regarding the solicitation shall be emailed b 2:00 pm EST on December 18, 2020, using the purchasing email address noted above.

A complete application shall include the following six (6) items:

1. Provide a Cover Letter in Spanish that demonstrates the applicant’s capability to perform each of the required work responsibilities identified in the SOW.

2. Provide a resume or Curriculum Vitae (CV) that demonstrates the applicant has the required qualifications identified the statement of work. Furthermore,

a. The resume or CV must be written in Spanish

b. Write “20343121Q00004 LLAS CONTRACTOR – EC” in the front page of the resume or CV.

c. Applicant should hand sign the last page of the resume or CV.

3. A list of three (3) references with contact information (telephone number and if available, email).

4. A copy of applicant's educational diploma.

5. A copy of applicant’s identification card with photograph (driver’s license, national identification card, or passport acceptable).

6. Provide applicant’s salary history for last three jobs.

Thank you for your interest in IAF. We look forward to reviewing your application.

David Holbert Contracting Officer Fiscal Service/OSS/DPS mailto:purchasing@fiscal.treasury.gov

INSTRUCTIONS TO APPLICANTS

The Government will evaulate applications in the following phases:

1.0 EVALUATION OF APPLICATIONS: QUALIFICATIONS

Evaluation Criteria 1: Technical Capability

Applicants shall provide a Cover Letter that clearly and sufficiently addresses in written form their capabilities to perform each of the work responsibilities identified in the Performance Work Statement (3 pages herein).

GO / NO-GO Factors: Late or incomplete applications will not be evaluated and will be considered non-responsive.

To be considered a complete application, applicants shall submit applications that include the following items as attachments to their email:

____ 1. A CV/resume, written in Spanish, with the applicant’s signature on the last page.

____ 2. A one- to two-page cover letter demonstrating the ability to perform the required services as described in the

PWS.

The candidate must meet the following criteria:

_____3. Reside in the Ecuador _____4. Possess a B.A. or better in an appropriate field.

_____5. Have at least 10 years of professional experience working in grassroots development or a combination of grassroots development and small-business development, economic development, monitoring and evaluation, or management of international development programs. At least half of this experience must be in-country.

_____6. Demonstrate fluency in spoken and written Spanish.

2.0 Application Evaluation Process

Applicants qualified for this position shall demonstrate, in the documents/information submitted and through the Application Evaluation Process described in Section 1.2, the ability to provide the services as described in the attached Performance Work Statement (PWS) as they apply to the following evaluation criteria:

Phase I – Initial Review

(A) EVALUATION CRITERIA 1 – REQUIRED TECHNICAL CAPABILITY

1. A bachelor’s degree, or better, from an accredited university in social science, humanities, or a related field.

2. Native in spoken and written Spanish.

3. Ability to travel throughout Ecuador, and other countries as required.

4. Demonstrated experience in coordinating and facilitating travel logistics and field-based events.

5. Competence with standard Microsoft Office Suite of computer programs – Word, Excel, etc.

(B) EVALUATION CRITERIA 2 – REQUIRED EXPERIENCE

1. Experience working directly with marginalized groups and/or community-based organizations in the Ecuador.

2. Experience working with agricultural cooperatives, small businesses, and/or NGOs that offer credit.

3. Experience interacting with stakeholders, especially in a grants management, small-business development, or international development context.

4. Experience with financial management/accounting and preparation of programmatic and financial reports.

5. Experience in small-business development, monitoring and evaluation, and/or management of international development programs in the Ecuador.

6. Experience with participatory development methods.

7. Demonstrated ability to work as part of a team.

8. Demonstrated ability to communicate effectively verbally and in writing.

9. High level of motivation, personal commitment, and ethical standards.

Preferred skills and knowledge include:

1. Knowledge of IAF mission, goals and priorities.

2. Experience working with grant management.

3. Experience working with international donor agencies.

4. Valid driver’s license.

Applicants are not guaranteed an interview. The Technical Evaluation Team will determine a range of the highest rated applicants in Phase I to move to Phase II - Interview. If, in Phase II, applicants fail to get an acceptable rating the government reserves the right to interview the next highest rated applicants from Phase I.

PHASE II – Interview All interviews will be completed with the same interviewer(s). If more than one individual conducts each interview, each interviewer will complete an individual interview evaluation score sheet and a consensus interview score will be agreed upon by all interviewers.

Questions asked during the interview will be consistent among applicants and relevant to the requirements as described in the solicitation. An individual record of questions asked and responses received from the applicant will be included with this worksheet as documentation supporting the chosen rating.

Phase III – Past Performance The Evaluation Panel will select applicant(s) from Phase II for the past performance. The reference questions will be consistent for all past performance references and will be relevant to similar work performed in comparison to this requirement. A record of references contacted, questions asked, and responses received will be included with this worksheet as documentation supporting the chosen rating.

IAF will practice diligence to contact all references provided for applicants being considered for Award. However, time will dictate the number of contacts made. If at all possible, at least 1 direct reference contact should be made for all applicants considered for award.

If an applicant has received negative reference responses, fair opporuntiy to address such will be given, in compliance with FAR 15.305(a)(2)(ii).

3.0 AWARD

An offer for award will be made to the applicant receiving the highest score in Phase II, considering references and availability. If the offer is not accepted, the Government reserves the right to make an offer to the next preferred applicant without further discussion.

The Contractor shall obtain a satisfactory security certification through the United States Embassy within ninety (90) days of the effective date of the contract. This certification will be initiated and costs assumed by IAF.

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FSA-PARKERSBURG

200 Third Street Avery 5F Division of Procurement Bureau of the Fiscal Service

IAF CODE 16. ADMINISTERED BYCODE

X

X

813219

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFSA-KRBAILEY

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

01/04/2021 1400 ET

12/10/2020

KRISTIN BAILEY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

20343121Q00004

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 34 IAF-15000-21-0001OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Parkersburg WV 26101

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20004

1200 NORTH

1331 PENNSYLVANIA AVE NW

IAF

15. DELIVER TO

PARKERSBURG WV 26101

ATTN: K.BAILEY

200 THIRD STREET

AVERY 5F

DIVISION OF PROCUREMENT

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$41.50

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BUREAU OF THE FISCAL SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Bureau of Fiscal Service Procurement Division, on behalf of the Inter-American Foundation (IAF), is soliciting applications for qualified citizens, living in Ecuador, to provide Local Liaison Advisory Services (LLAS), as a contractor , under a Personal Services Contract in Ecuador, as described in this solicitation and Performance Work Statement (PWS).

This will be a firm-fixed price purchase order for a 12-month base period and four (4), 12-month

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DAVID L. HOLBERT

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

option periods.

RESPONSES ARE DUE: On or before 2:00 pm EST, on

January 4, 2021.

0001 Base Period: LLAS Professional Services for

Ecuador, in accordance with the attached PWS and supporting documents.

Salary based on previous contractor history and estimated at 1560 hours per year.

0002 Base Period: Travel Costs for Ecuador LLAS

Travel costs: Per diem, lodging and transportation reimbursement

0003 Base Period: Subcontracting and/or Other Direct

Costs

0004 Base Period: Optional increase to full-time, 2080 hours annually

(Option Line Item)

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

34 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

20343121Q00004

0005 Option Period 1: LLAS Professional Services for

Ecuador, in accordance with the attached PWS and supporting documents.

Salary based on previous contractor history and estimated at 1560 hours per year.

(Option Line Item)

0006 Option Period 1: Travel Costs for Ecuador LLAS

Travel costs: Per diem, lodging and transportation reimbursement

(Option Line Item)

0007 Option Period 1: Subcontracting and/or Other

Direct Costs

(Option Line Item)

0008 Option Period 1: Optional increase to full-time, 2080 hours annually

(Option Line Item)

0009 Option Period 2: LLAS Professional Services for

Ecuador, in accordance with the attached PWS and supporting documents.

Salary based on previous contractor history and estimated at 1560 hours per year.

(Option Line Item)

0010 Option Period 2: Travel Costs for Ecuador LLAS

Travel costs: Per diem, lodging and transportation reimbursement

(Option Line Item)

0011 Option Period 2: Subcontracting and/or Other

Direct Costs

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

4 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

20343121Q00004

0012 Option Period 2: Optional increase to full-time, 2080 hours annually

(Option Line Item)

0013 Option Period 3: LLAS Professional Services for

Ecuador, in accordance with the attached PWS and supporting documents.

Salary based on previous contractor history and estimated at 1560 hours per year.

(Option Line Item)

0014 Option Period 3: Travel Costs for Ecuador LLAS

Travel costs: Per diem, lodging and transportation reimbursement

(Option Line Item)

0015 Option Period 3: Subcontracting and/or Other

Direct Costs

(Option Line Item)

0016 Option Period 3: Optional increase to full-time, 2080 hours annually

(Option Line Item)

0017 Option Period 4: LLAS Professional Services for

Ecuador, in accordance with the attached PWS and supporting documents.

Salary based on previous contractor history and estimated at 1560 hours per year.

(Option Line Item)

0018 Option Period 4: Travel Costs for Ecuador LLAS

Travel costs: Per diem, lodging and transportation reimbursement

(Option Line Item)

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

5 34

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

20343121Q00004

0019 Option Period 4: Subcontracting and/or Other

Direct Costs

(Option Line Item)

0020 Option Period 4: Optional increase to full-time, 2080 hours annually

(Option Line Item)

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

FOREIGN PSC SPECIAL NOTICE

Please be aware that if you email documents containing personally identifiable information (PII), the information may not be secure and your email may be intercepted or otherwise viewed against your wishes.

Examples of PII are, but not limited to, education attainment documents that contain the individual’s name and home address, financial transactions, medical history, and criminal or employment history and information; which can be used to distinguish or trace an individual’s identity, such as their name, social security number, national ID number, date and place of birth, mother’s maiden name, biometric records, photograph, physical home and/or email address, phone number, driver’s license, etc., including any other personal information which is linked or linkable to an individual.

Please:

1. DO NOT send by email a copy of an identification card with a photograph such as a driver’s license, national identification card, or passport, etc. with your response.

2. DO NOT include your physical and mailing address, etc. in your Cover Letter, Curriculum Vitae (CV), Resume, body of the email, and supporting Education Diploma or Training Certificates in your response.

Please mark out with permanent black marker your physical or mailing address only in your Education Diploma or Training Certificates.

Your name still needs to be on all the above documents.

The Government may request a hard copy of one or more of the aforementioned items as proof in a later phase of the Evaluation Process and as part of the security background check after award.

You are strongly encouraged to send your response to this request securely by encrypting it if any of your documents contain PII and cannot be removed effectively.

If you are unable to encrypt your email, please send an email to purchasing@fiscal.treasury.gov referencing “20343121Q00004 – LLAS CONTRACTOR EC ” Encryption request, Attn:

Kbailey/DHolbert - on or before 6 hours before the request closes to request that an encrypted email message be sent to you from our agency. If you submit a request after that time, there is no guarantee that we will respond or that you will be able to go through the process to submit your response on time for the Government to consider. Once you receive the encrypted email, then you will need to open it by creating an account. Once you create an account, then you can respond to our agency’s encrypted email, which will then automatically encrypt your email response and any attachments to it for only the Government to view.

20343121Q00004 mailto:purchasing@fiscal.treasury.gov

Personal Services Contract (PSC) Additional Terms, Conditions, and Clauses

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2018)

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (DEVIATION 2017-00001)

(JULY 2017)

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY

(APR 2015)

The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

Constitutes a change as defined in the clause entitled “Changes”; In any manner causes an increase or decrease in the contract price, or the time required for contract performance; Changes any of the terms, conditions, or specification(s)/work statement of the contract; Interferes with the contractor's right to perform under the terms and conditions of the contract; or Directs, supervises or otherwise controls the actions of the contractor's employees.

Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government workday.

Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting https://www.acquisition.gov/far

Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

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. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. 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 30 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within the final 30 days of each contract period; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

If the Government exercises this option, the extended contract shall be considered to include this option clause.

The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB

2000)

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

52.232-18 AVAILABILITY OF FUNDS (APR 1984) LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website: https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ . It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (DEVIATION 00002)(April 2018)

Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, 20343121Q00004 https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

Any such language, provision, or clause is unenforceable against the Government.

Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

Any such language, provision, or clause is deemed to be stricken from the CSA.

Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

Definitions. As used in this clause—

“Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (FOREIGN BANK ACCOUNT)

For Payment and Invoice questions, contact Accounting Services Division, Pensions, Grants and Loans branch at 304-480-8300 or via email at ForeignMisc@fiscal.treasury.gov. Invoices shall be submitted via email to ForeignMisc@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

http://www.ipp.gov/

PERFORMANCE EVALUATION

This award is subject to a performance evaluation via the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov. Following the end of each 12 month performance period and at completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer. The final evaluation of the Contractor’s performance is the decision of the Contracting Agency and will be reviewed at least one level above the Contracting Officer. A copy of the final performance evaluation report will be sent to the Contractor and to the Government’s past performance database at www.ppirs.gov.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (OCT 2018 ((Deviation 2017-00001) (JULY 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (April 2014) (41 U.S.C. 4712) relating to whistleblower protections).

_x_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

(6) [Reserved].

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

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

_x_ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(11) [Reserved].

(12)(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.

(13)(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.

(14) [Reserved] (15)(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).

(16)(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.

(17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(18)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (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 (Aug 2018) of 52.219-9.

(19) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(20) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(21) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657 f).

(23) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

(24) 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)).

(25) 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)).

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

(27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_x_ (28) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(29) i 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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(ii) Alternate I (FEB 1999) of 52.222-26.

(30)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35.

___ (31)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36.

(32) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

(34)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_x_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C.

chapter 78 and E.O. 13 627).

(35) 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.)

(36)(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.)

(37) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(38) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(39)(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.

(40)(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.

(41) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(42)(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_ (43) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (AUG 2011) (E.O. 13513).

(44) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(45) 52.223-21, Foams (JUN 2016) (E.O. 13693).

_x_ (46)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(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.

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(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(49) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_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).

(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 (Jan 2017) (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 (Oct 2018) (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) 52.242-5, Payments to…