DRG ACC Sol_7200AA24R00065 PSC ACC Partnership Advisor.pdf

SOLICITATION NUMBER: 7200AA24R00065

ISSUANCE DATE: May 9, 2024

CLOSING DATE AND TIME: June 11, 4:00 PM EST

SUBJECT: Solicitation for U.S. Personal Service Contractor (USPSC) for Anti-

Corruption Partnership Advisor at the GS-14 Equivalent Level

Dear Prospective Offerors:

The United States Government, represented by the U.S. Agency for International Development (USAID), is seeking offers from qualified persons to provide personal services under contract as described in this solicitation.

Offers must be in accordance with Attachment 1, Sections I through V of this solicitation.

Incomplete or unsigned offers will not be considered. Offerors should retain copies of all Offer materials for their records.

USAID will evaluate all offerors based on the stated evaluation criteria. USAID encourages all individuals, including those from disadvantaged and under-represented groups, to respond to the solicitation.

This solicitation in no way obligates USAID to award a PSC contract, nor does it commit USAID to pay any cost incurred in the preparation and submission of the offer.

Any questions must be directed in writing to the Point of Contact specified in the attachment.

Sincerely, Eileen Fanelli Contracting Officer

ATTACHMENT 1 7200AA24R00065

DRG/ACC Anti-Corruption Partnership Advisor

GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA24R00065

2. ISSUANCE DATE: May 9, 2024

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: June 11, 2024, 4:00 PM EST

4. POINT OF CONTACT: Eileen Fanelli; email at efanelli@usaid.gov.

5. POSITION TITLE: Anti-Corruption Partnership Advisor

6. MARKET VALUE: $139,395 -$181,216 equivalent to a GS-14, with Washington DC locality pay.

Final compensation will be negotiated within the listed market value and will include locality pay for domestic USPSs based on the location of the official USAID Worksite.

7. PLACE OF PERFORMANCE: This position has been designated as suitable for remote work. The contractor will be authorized to perform the services under this contract from an alternative worksite, within the US. For USPSCs authorized to remote work, the alternative worksite determines the locality pay for compensation purposes. The PSC may be assigned temporary duty travel overseas up to 25% per work year.

8. PERIOD OF PERFORMANCE: two-year base period, with three (3) one-year options based on Agency need, as illustrated below, assuming a start date in September 2024.

Base Period September 2024 – September 2026 Option Period 1 September 2026 – September 2027 Option Period 2 September 2027 – September 2028 Option Period 3 September 2028 – September 2029

9. ELIGIBLE OFFERORS: Open to all US Citizens and US Resident Alien (green card holder).

10. SECURITY LEVEL REQUIRED: Facility Access

11. STATEMENT OF DUTIES

BACKGROUND

The Bureau for Democracy, Human Rights, and Governance (USAID/DRG) is the technical lead at USAID for DRG assistance and policy to improve the resilience of democratic societies. Through the DRG Bureau, USAID embeds DRG and anti-corruption as critical components of inclusive and sustainable development and ensures that democracy, human rights, and anti-corruption considerations are infused into policy decisions, programming, public outreach, and partner engagement. The DRG Bureau elevates and unifies USAID’s DRG equities in the U.S. government

(USG) interagency, as well as coordinates to advance DRG objectives with a range of partners such as donors, international organizations, implementing and civil society partners, and the private sector.

The DRG Bureau's annual budget is over $257 million, with a staff of over 180, comprising U.S.

Direct Hires (USDHs), contractors, and fellows. The DRG Bureau has one Center and eight Offices:

Anti-Corruption Center (ACC); Civil Society, Labor, and Media (CLM); Elections and Political Processes (EPP); Global Trends and Technology (GTT); Governance (GOV); Justice, Rights, and Security (JRS); Management and Cadre Support (MCS); Policy, Learning, and Integration (PLI); and the Program Office. The DRG Bureau's goal is to promote peace, prosperity, and freedom around the globe through self-reliant, citizen-responsive governance that respects human dignity and the rule of law.

The DRG Bureau’s Anti-Corruption Center (DRG/ACC) leads USAID’s efforts to tackle the fight against corruption within countries and transnationally through a multipronged, multisectoral approach. The Center mobilizes broad-based coalitions and partnerships, elevates anti-corruption considerations in policy making, catalyzes innovation and experimentation, and serves Missions and the broader community with cutting-edge and responsive technical support and thought leadership. The programs and mechanisms of ACC provide USAID Missions and staff with the knowledge, skills, tools, and resources to ensure that development assistance is locally-led and advances self-reliance. In addition, we recognize DEIA (Diversity, Equity, Inclusion, and Accessibility) as critical to achieving our development objectives. The ACC recruits motivated, diverse staff who want to help boost and shape the Agency’s response to anti-corruption. More information on the functions of DRG and its offices are described in ADS 101.3.1.17, Agency Programs and Functions.

The ACC’s Policy and Partnerships (P&P) Team exercises policy leadership across the Agency and interagency, and with key stakeholder groups in the anti-corruption field. In particular, the P&P Team leads USAID’s efforts on anti-corruption-related policy development and execution, strategic communications, and coalition building with donors and foundations.

DUTIES AND RESPONSIBILITIES

General – As an integral member of the ACC/P&P Team, the Anti-Corruption Partnerships Advisor advances ACC’s work by supporting external partnership opportunities. The Advisor leverages USAID’s growing investments in anti-corruption and mobilize additional support from partners and seeks to build on lessons learned from the Integrity for Development Campaign (I4D). Announced in the context of USAID’s historic new investments in anti-corruption, this campaign calls on bilateral donors and foundations to join forces with USAID and increase their investments in building integrity.

The Advisor works with the P&P Team Lead and in collaboration with other ACC team leads to cultivate and manage relationships with other donors, funders, and multilateral actors. This includes setting overall partnership priorities, leveraging strategic convening opportunities, and conducting individual outreach to key potential partners (e.g., researching donor interests, setting https://www.usaid.gov/about-us/agency-policy/series-100/101 https://www.usaid.gov/anti-corruption/integrityfordevelopment up meetings, and following up on action items). The Advisor also strategically travels with ACC leadership and Agency principals to advance anti-corruption partnerships.

Supervisory Relationship – The Anti-Corruption Partnerships Advisor reports to the ACC’s Policy and Partnerships Team Lead. The supervisor provides administrative direction regarding the DRG Bureau’s objective of leveraging USAID’s investments to mobilize additional partnerships. The Partnership Advisor independently plans, designs, and carries out a work plan to achieve that direction. Many of those lines of effort require input and coordination with other USAID staff, which the Advisor facilitates as needed. The Partnership Advisor may supervise other USPSC or Institutional Support Contractor (ISC) staff.

Commitment to Diversity, Equity, Inclusion, and Accessibility (DEIA) – All members of the DRG Bureau workforce are measured on how they foster a climate of respect in interactions with others, value differing perspectives, and treat others in a fair, equitable, and culturally sensitive manner.

All employees are expected to adhere to equal employment opportunity (EEO) policies and value diversity and inclusion in performing everyday duties and responsibilities.

Anti-Corruption Partnership Advisor Duties at the GS-14 Equivalent Level

Specific duties include:

● Provide strategic vision and guidance to ACC Colleagues on USAID’s engagement with external partners, building coalitions and mobilizing collective action on anti-corruption, including as part of the I4D Campaign.

● Lead outreach and development of engagement strategies to new and existing donor partners and funders and liaise with relevant stakeholders.

● Provide thought leadership and day-to-day coordination on the ACC’s engagement with multilateral development banks and international financial institutions.

● Maintain collaborative relationships with donors, foundations, relevant government agencies, and non-governmental organizations (NGOs).

● Serves as Contracting Officer’s Representative (COR), Agreement Officer’s Representative (AOR), and/or Activity Manager for ACC activities/programs/projects. In this role, the incumbent will perform the full range of project management functions, including preparing procurement-related planning, authorization, and implementation documents. The Partnership Advisor will be required to obtain and maintain COR/AOR Level 2 certification and take on COR/AOR duties as assigned.

● Arrange meetings with relevant external actors and follow-up on action items from meetings.

● Track the strategic big picture to make informed recommendations about future course of action.

● Leverage strategic convenings, such as the International Anti-Corruption Conference and the

U.N. General Assembly.

● Remain current on trends in philanthropy directly relevant to the work and represent the ACC at external events, conferences, as well as meetings with prospective partners.

● Lead synthesis and dissemination of key information about potential partner priorities and technical areas.

● Work in close collaboration with other ACC members, colleagues across USAID, and outside stakeholders, as relevant.

Degree of responsibility for decision-making assigned to the position: At the GS-14 equivalent level, the ACC Partnership Advisor serves as a mid-senior level anti-corruption P&P advisor for USAID globally. The Advisor has significant knowledge in the anti-corruption field and leads the ACC’s engagement with partnerships and serve as a resource for effective partnership engagement. The Advisor carries out work assignments using independent professional judgment to ensure effective partnership outreach and engagement with donors and funders. The Advisor performs work of significant difficulty and responsibility.

Level of complexity for work assignments: At the GS-14 equivalent level, the ACC Partnership Advisor’s duties are significantly varied and require a high degree of knowledge of anti-corruption and effectively leveraging partnerships. The Advisor must work closely with ACC and DRG leadership in determining partnership outreach and development, analyzing new partnership opportunities, overcoming obstacles to effective partnerships, and identifying partner outreach and engagement strategies. The Advisor must contribute new approaches or develop new information to effectively leverage new and existing partnerships.

Knowledge level required: At the GS-14 equivalent level, the ACC Partnership Advisor must demonstrate expertise in anti-corruption and development assistance, with a focus on partnership outreach and development. The Advisor has an advanced degree with significant study in a pertinent field such as international development, public policy, international affairs, governance, or related field of social science and mastery of an area of specialization such that they can apply experimental theories and new developments to problems resistant to accepted methods of resolution.

Scope and effect of the work performed: At the GS-14 equivalent level, the ACC Partnership Advisor is involved in anti-corruption work, with a specific focus on partnership development and outreach. The Advisor must practice excellent communication skill to ensure clear, concise communication with various and diverse audiences, including high-level officials, external partners, and public audiences, in a fast-paced environment. The Advisory exercises excellent judgment to identify partnership opportunities, determine partnership outreach and engagement strategies, analyze and propose new partnership opportunities, and overcome obstacles to effective partnerships, which directly increases the overall amount of funder- and donor-resources for anti-corruption, especially in environments in which the international community is making major sectoral investments—such as climate finance—and the risks of corruption are high. This work requires independent analysis, defining conditions and criteria, and resolving critical problems using creative approaches, as well as working closely with other ACC and DRG staff members and Agency colleagues.

Level and purpose of contacts: At the GS-14 equivalent level, the ACC Partnership Advisor serves as one of the Agency’s experts in anti-corruption matters and advises USAID and interagency counterparts on matters relating to USAID’s response to anti-corruption. The Advisor represents USAID to public and private sector partners in countering corruption. The Advisor may represent

USAID to Congressional staff, the Department of State, and other interagency counterparts as assigned. The Advisor maintains professional contact with senior-level management officials of independent organizations advancing anti-corruption issues, including think-tanks, assistance implementers, professional organizations, and academic institutions. The Advisor must tailor information to different audiences, such as USAID and DRG leadership, external partners, and public audiences. The Advisor is skillful in determining the appropriate approach in negotiating and persuading others regarding partnership engagement, and in establishing rapport to gain and relay information, including decision makers.

12. PHYSICAL DEMANDS

The work is generally sedentary and does not involve undue physical demands. If traveling overseas, the Anti-Corruption Partnership Advisor may be subject to elements of physical exertion including longer periods of standing, walking over rough terrain, or carrying moderately heavy items.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

At the GS-14 Equivalent Level, the Anti-Corruption Partnership Advisor must meet the minimum levels of education and experience below. Offerors that do not meet the minimum qualifications will not be further evaluated.

● Graduate degree with significant study in a pertinent field such as foreign affairs, public policy, and business and at least 10 years of experience in international development, ideally related to anti-corruption and partnership outreach and development with donors and multilateral organizations, or

● Bachelor’s degree with significant study in a pertinent field such as foreign affairs, public policy, and business and at least 15 years of experience in international development, ideally related to anti-corruption and partnership outreach and development with donors and multilateral organizations.

Additional Requirements:

● US Citizenship or US Resident Alien

● Ability to obtain a Facilities Access clearance as provided by USAID within a reasonable time after Offeror acceptance, generally 3-months. If an investigation package is not submitted by the selected Offeror within 15-days after its request, the offer may be rescinded.

● Verification of academic credentials.

● Provide a complete offer, as described below.

III. EVALUATION AND SELECTION FACTORS

The Government may award a contract without discussions with Offerors in accordance with FAR 52.215-1. The Contracting Officer reserves the right at any point in the evaluation process to establish a competitive range of Offerors with whom negotiations will be conducted pursuant to

FAR 15.306(c). In accordance with FAR 52.215-1, if the Contracting Officer determines that the number of offers that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of Offerors in the competitive range to the greatest number that will permit an efficient competition among the most highly rated offers. The FAR provisions referenced above are available at https://www.acquisition.gov/browse/index/far.

Quality Ranking Factors (QRFs): Total Pre-Interview Points = 100

Technical Expertise (50 points):

The Advisor must demonstrate expertise in developing partnerships and outreach campaigns in the field of development assistance with donors and multilateral organizations, with a focus on anti-corruption. The Offeror will be evaluated as follows:

● Demonstrated experience in partnership development, management and outreach campaigns t with international development agencies, multilateral organizations, the private sector, and/or foundations.

● Demonstrated project management experience to include financial tracking, developing a scope of work, reviewing deliverables, preparing procurement-related, planning, authorization, and implementation documents; monitoring grantee and contractor performance to identify problems; and taking corrective action as required.

● Demonstrated knowledge of and experience in anti-corruption in the international context.

Communication (25 points) Demonstrated capacity and experience communicating effectively orally and in writing with various audiences, including high-level officials, academics, external partners, and field practitioners, and ability to gather, analyze, and synthesize information in a fast-paced environment. The Offeror will be evaluated as follows, as well as based on the written materials submitted in the offer:

● Demonstrated mastery of high-quality, professional written and oral communications, including the ability to summarize complex issues and learning in clear, concise language for ease of utilization by both internal and external stakeholders, including high-level officials and senior leadership, and Agency staff.

Teamwork and Professionalism (25 points) Demonstrated interpersonal skills, including the ability to exhibit tact, diplomacy, and resourcefulness while working in a variety of settings with high-level government officials, members of non-governmental organizations, diverse staff at all levels and practitioners across cultures, a track record of working positively, effectively, and collaboratively on teams. The Offeror will be evaluated as follows:

● Demonstrated sound judgment and collegiality when working in environments with colleagues of diverse backgrounds and opinion.

● Demonstrated ability to effectively and diplomatically navigate intra-agency and inter-agency dynamics.

Interview Total Possible Points: 100 points

Interviews may include both questions to clarify an Offeror’s educational and professional experience and standardized questions. The interview may also include a written test to evaluate the Offerors technical and communication skills. If tested, the Offeror will be asked to draft a one-page sample memo and/or present an analysis of a scenario on a defined anti-corruption topic. The scenario specifics and a sample memo template will be provided to Offeror. Interview points are added to pre-interview scores for a total of 200 possible points.

The relative weighting of evaluation factors at the interview stage is as follows:

1. Technical Expertise: 50 points

2. Communication: 25 points

3. Teamwork and Professionalism: 25 points

Reference Checks: Reference checks will be conducted for all Offerors that are Interviewed as part of final scoring that will determine the top ranked Offeror. Reference checks will be used to further clarify the Offeror’s relevant technical expertise, communications, and teamwork skills as outlined above, based on feedback from references the Offeror provides as well as independent / separate sources that USAID contacts for interviewed Offerors. USAID will specifically solicit feedback on the Offeror’s observed standards of honesty, integrity, trust, openness, and respect for the individual by applying these values to daily behaviors and interactions with past team members/work colleagues.

BASIS OF RATING:

Offerors will be first evaluated to determine they meet the minimum qualifications required for the position. Offerors who fail to meet the minimum qualifications will not be further evaluated.

USAID reserves the right to contact previous employers to verify employment history.

Offerors who clearly meet the minimum requirements will be further evaluated to determine the most highly rated Offeror(s), based on the evaluation and selection factors described herein.

Failure by the Offeror to specifically address the QRFs above may result in the Offeror not receiving credit for pertinent experience, education, training, and/or awards. Offers that are not most highly rated will not be further evaluated.

The most highly rated Offeror or Offerors may be invited to interview. References will be checked for all Offerors interviewed. USAID reserves the right to contact references from others who know the Offeror’s work in addition to the references provided by the Offeror.

Offers (written materials and interviews) will be evaluated based on content of and on the Offerors’ writing, presentation, and communication skill. Additionally, professional references will be incorporated into the Governments overall evaluation of an Offerors Technical Expertise, Communication, and Teamwork and Professionalism to determine the Offerors overall likelihood of successful performance.

IV. SUBMITTING AN OFFER

Offers must be received by the close date and time specified and submitted to the point of contract named in Section I. Offeror materials must clearly reference the Solicitation number and Offerors name on all submitted documents. Eligible Offerors must complete and submit:

1. The offer form AID 309-2, “Offeror Information for Personal Services Contracts with

Individuals,” available at http://www.usaid.gov/forms. This form must be signed.

2. A complete resume. To fully evaluate your offer, your resume must include:

● Paid and non-paid experience, job title, locations(s), dates held (month/year), and hours worked per week for each position. Dates (month/year) and locations for all overseas field experience must also be detailed.

● Specific duties performed that fully detail the level and complexity of the work.

● Names and contact information (phone and email) for your current and/or previous supervisor(s).

● Education and any other qualifications including job-related training courses, job-related skills, or job-related honors, awards, or accomplishments.

● U.S. Citizenship or US Resident Alien Status.

3. List of References: Offerors must submit three (3) professional references, who are not family members or relatives, who have knowledge of the Offeror’s ability to perform the duties set forth herein. At least one reference must be from a direct supervisor (current or prior).

Submitted references must include the following:

● Name of reference.

● Offeror’s relationship to the reference.

● Title of reference at current job.

● Reference current telephone number.

● Reference current email address.

4. Supplemental document specifically addressing each of the three evaluation factors stated in the solicitation. The supplemental document must:

● Address each of the Evaluation and Selection Factors.

● Describe specifically and accurately what experience, training, education and/or awards the

Offeror has received that are relevant to each factor.

● Cite specific, illustrative examples for each factor.

● Contain no more than 500 words per factor. Any additional words above the 500-word limit will neither be read nor scored.

LIST OF REQUIRED FORMS PRIOR TO AWARD

In conformance with ADS 309.3.1.14, USAID will provide instructions about how to complete and submit the necessary forms after an Offeror is selected for contract award:

1. Forms related to Security and Access including:

a. Declaration for Federal Employment (OF-306)

b. Questionnaire for Sensitive Positions (for National Security) or Questionnaire for Non-

Sensitive Positions

c. Fingerprint Card

2. Employment Eligibility Verification (I-9 Form)

3. Medical History and Examination Form (Prior to TDY)

Note Regarding Unique Entity Identifier (UEI) and the System for Award Management (SAMs): In accordance with FAR 4.1102 and ADS 309.3.1.13(b)(1), USPSCs must be registered in the SAMs prior to award. For general information about UEI numbers and SAM, please refer to FAR Clause 52.204-6 Unique Entity Identifier and FAR 52.204-7 System for Award Management. Registration for a UEI number and SAMS is free. Offerors who fail to comply with this requirement or Offerors whose name appears as an excluded party will be disqualified for award.

VI. BENEFITS AND ALLOWANCES

As a matter of policy, and as appropriate, a USPSC is normally authorized the following benefits and allowances:

1. BENEFITS:

(a) Employer's FICA Contribution

(b) Contribution toward Health & Life Insurance

(c) Pay Comparability Adjustment

(d) Annual Increase (pending a satisfactory performance evaluation)

(e) Eligibility for Worker's Compensation

(f) Annual and Sick Leave

2. ALLOWANCES:

Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas), on the same basis as US Government employees [see https://aoprals.state.gov/].

(a) Temporary Quarter Subsistence Allowance (Section 120)

(b) Living Quarters Allowance (Section 130)

(c) Cost-of-Living Allowance (Chapter 210)

(d) Post Allowance (Section 220)

(e) Separate Maintenance Allowance (Section 260)

(f) Education Allowance (Section 270)

(g) Education Travel (Section 280)

(h) Post Differential (Chapter 500)

(i) Payments during Evacuation/Authorized Departure (Section 600), and

(j) Danger Pay Allowance (Section 650)

VII. TAXES

USPSCs are required to pay Federal income taxes, FICA, Medicare and applicable State income taxes.

VIII. USAID REGULATIONS, POLICIES AND CONTRACT CLAUSES PERTAINING TO PSCs

USAID regulations and policies governing USPSC awards are available at these sources:

1. USAID Acquisition Regulation (AIDAR), Appendix D, “Direct USAID Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal Services Abroad,” including contract clause “General Provisions,” available at https://www.usaid.gov/ads/policy/300/aidar.

2. Contract Cover Page form AID 309-1.

ITEM

NO (A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE (E)

AMOUNT (F)

0001 Base Period - Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: R497 - Accounting Info:

1 LOT $_TBD $_TBD at Award after negotiations with Contractor

1001 Option Period 1 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: R497 - Accounting Info:

1 LOT $_TBD $_TBD at Award after negotiations with Contractor

2001 Option Period 2 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: R497 - Accounting Info:

1 LOT $_TBD $_TBD at Award after negotiations with Contractor

3001 Option Period 3 – Compensation, Fringe Benefits and Other Direct Costs (ODCs) - Award Type: Cost - Product Service Code: R497 - Accounting Info:

1 LOT $_TBD $_TBD at Award after negotiations with Contractor

3. Acquisition and Assistance Policy Directives/Contract Information Bulletins (AAPDs/CIBs) for Personal Services Contracts with Individuals available at http://www.usaid.gov/work-usaid/aapds-cibs.

4. Ethical Conduct.

By the acceptance of a USAID personal services contract as an individual, the contractor will be acknowledging receipt of the “Standards of Ethical Conduct for Employees of the Executive Branch,” available from the U.S. Office of Government Ethics, in accordance with General Provision 2 and 5 CFR 2635. See https://www.oge.gov/web/oge.nsf/resources_standards-of-conduct

5. PSC Ombudsman

The PSC Ombudsman serves as a resource for any Personal Services Contractor who has entered into a contract with the United States Agency for International Development and is available to provide clarity on their specific contract with the agency. Please visit our page for additional information: https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman The PSC Ombudsman may be contacted via: PSCOmbudsman@usaid.gov.

6. FAR PART 52 – SOLICITATION PROVISIONS AND CLAUSES

(a) Subpart 52.2—Text of Provisions and Clauses

52.203-5 Covenant Against Contingent Fees. (MAY 2014)

(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) Bona fide agency, as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.

Bona fide employee, as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.

Contingent fee, as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.

https://www.oge.gov/web/oge.nsf/resources_standards-of-conduct mailto:PSCOmbudsman@usaid.gov

Improper influence, as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.

(End of clause)

52.204-13 System for Award Management Maintenance. (OCT 2018)

(a) Definitions. As used in this clause-

Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that-

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record "Active".

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the

Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1)

(i) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-

(A) Change the name in SAM;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.

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.

52.217-9 Option To Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option];

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.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed [(months)(years)].

52.232-33 Payment by Electronic Funds Transfer - System for Award Management. (OCT 2018)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend the payment due date until such time as the

Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the

EFT information contained in the System for Award Management (SAM). In the event that the

EFT information changes, the Contractor shall be responsible for providing the updated information to SAM.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in SAM is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into SAM; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the

Contractor's EFT information incorrectly, the Government remains responsible for -

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and -

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (d) of this clause shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall register separately in SAM and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in SAM.

52.232-34 Payment by Electronic Funds Transfer - Other than System for Award Management. (JUL 2013)

(a) Method of payment.

(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-

(i) Accept payment by check or some other mutually agreeable method of payment; or

(ii) Request the Government to extend payment due dates until such time as the

Government makes payment by EFT (but see paragraph (d) of this clause).

(b) Mandatory submission of Contractor's EFT information.

(1) The Contractor is required to provide the Government with the information required to make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information (hereafter: "designated office") by [the Contracting Officer shall insert date, days after award, days before first request, the date specified for receipt of offers if the provision at 52.232-38 is utilized, or "concurrent with first request" as prescribed by the head of the agency; if not prescribed, insert "no later than 15 days prior to submission of the first request for payment"]. If not otherwise specified in this contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated office(s).

(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated

Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment.

(1) The Government is not required to make any payment under this contract until after receipt, by the designated office, of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.

(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the

Contractor's EFT information incorrectly, the Government remains responsible for-

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-

(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) shall apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph

(d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

(j) EFT information. The Contractor shall provide the following information to the designated office.

The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.

(1) The contract number (or other procurement identification number).

(2) The Contractor's name and remittance address,…