77344421R0001-000004.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE

DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

77344421R0001000004

Summary of Changes

Header Information

Close Date is changed from 23-APR-21 14:00:00 to 21-JUN-21 15:00:00.

Section H - Special Contract Requirements

The following clauses are modified:

Clauses incorporated by full text

Special contract requirements

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 PLACEMENT OF ORDERS

(a) The contractor shall provide services under this IDIQ contract only as directed in Task Orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of invoicing, payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

All warranted DFC COs are considered designated ordering officials for this IDIQ.

(c) If multiple awards have been made, the contact information for the task order ombudsman is:

Keron White

U.S. International Development Finance Corporation (DFC)

1100 New York Ave, NW

Washington, DC 20527 keron.white@dfc.gov

H.1.1 Ordering Process

(a) General. DFC shall use the procedures in this subsection when ordering services established by the IDIQ contracts.

Individual orders off the IDIQ may have more than one of the ILSS service categories.

(b) Fair Opportunity. Fair Opportunity is the process of considering IDIQ awardees for orders IAW FAR Part 16.505 procedures. The Contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,500, but below the Simplified Acquisition Threshold. The contracting officer has developed placement procedures outlined in this section to provide each awardee a fair opportunity to be considered for each order by reviewing the IDIQ awardees' Contractor Specific Qualifications (CSQ) to identify IDIQ awardees whose capabilities reflect the task order requirement. The process to establish these qualifications is done on IDIQ vehicle level proposal evaluation and yearly thereafter.

(c) Past performance. Performance information is relevant for task order source selection purposes. It includes, but is not limited to: the Contractor's record of conforming to contract requirements and to standards of good workmanship; the Contractor's adherence to contract schedules, including the administrative aspects of performance; execution within cost/price; the Contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction;

and generally, the Contractor's business-like concern for the interests of the customer.

(d) IDIQ Contractor Specific Qualifications (CSQ). These qualifications will be considered in addition to price during the fair opportunity process. They include but are not limited to the following:

1. experience and professional qualifications of the firm to perform services for a specific project;

2. experience and professional qualifications of the firm's staff to perform services for a specific project;

3. performance record of the firm under the IDIQ

4. firm's capacity to perform additional services .

(e) Performance Work Statements(PWS). All PWS shall include a description of work to be performed; location of work;

period of performance; deliverable schedule; applicable performance standards; and any special requirements (e.g., security clearances, travel, special knowledge). To the maximum extent practicable, DFC requirements shall be performance-based statements.

(f) Ordering Procedures

1. Task Orders at, or below, $3,500. DFC may place orders at, or below, $3,500 threshold with any IDIQ contractor that can meet the agency's needs. The CO should attempt to distribute orders among contractors, as appropriate.

2. For orders exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold. If the order does not exceed the simplified acquisition threshold, the CO need not contact each of the IDIQ awardees.

i. Project Requirements - The COR/Project Attorney shall clearly describe all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the order is placed. Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the contract., in accordance with FAR 16.505 (a)(2).

ii. Review CSQ - The evaluation/selection process for IDIQ task order involves team members who, collectively, have experience in legal, financial, international development, and government and related acquisition matters. The members are appointed from among the professional employees of the agency. In addition to price, the team reviews the CSQs in accordance with the services required and criteria cited in the PWS.

iii.Highest Rated - Following the review of the CSQs and price, the team recommends the IDIQ holders to be on the short-list to the CO. The team is not limited in the number of IDIQ holders that they can select to receive a quest for quotes; it is left to the discretion of the team.

iv.Request for Task Order Quotation (RTOQ) - CO sends a RTOQ to the selected IDIQ holders with a statement of work, evaluation criteria, and submission instructions.

3. For proposed orders exceeding the simplified acquisition threshold.Task Orders Over the Simplified Acquisition Threshold: For orders within an IDIQ holder's PWS, each awardee will be given fair notification of intent for orders exceeding the Simplified Acquisition Threshold in accordance with FAR 16.505(b)(1)(iii). A Request for Task Order Quote (RTOQ) will be provided to all Contractors offering the required servicesunless supported by a written determination that one of the circumstances described at FAR16.505(b)(2)(i) applies to the order and the mailto:keron.white@dfc.gov requirement is waived on the basis of a justification that is prepared in accordance with FAR 16.505(b)(2)(ii)(B).

4. Request for Quotation procedures. The ordering activity must provide the Request for Quotation (RFQ), which includes the statement of work and evaluation criteria (e.g., experience and past performance), to IDIQ contractors.

i. Request for Task Order Quote Process: RTOQs will include, at a minimum, the following:

Date Issued

Response Due Date and Time

Task Order PWS

Period of Performance

Instructions to Offerors

Evaluation Criteria

Clauses Incorporated at the RTOQ Level: as applicable clauses (not an all-inclusive list):

a. FAR 52.217-5, Evaluation of Options

b. FAR 52.217-8, Option to Extend Services

c. FAR 52.217-9, Option to Extend the Term of the Contract

d. FAR 52.232-18 Availability of Funds

e. FAR 52.232-19 Availability of Funds for The Next Fiscal Year (Apr 1984)

(g) IDIQ holders meets the requirements CSQs are expected to participate in the competition of each RTOQ under the contract. If contractor chooses not to participate, a no quote acknowledgment is required. Contractors will have between three (3) to five (5) business days to respond to the RTOQ depending on the urgency and complexity of the Statement of Work.

(h) RTOQ responses will be evaluated in accordance with (IAW) the best value continuum PWSs that require retention of foreign local counsel will require a quote for the hourly rates of those services.

(i) In the event issues pertaining to a proposed task order be resolved to the satisfaction of the CO, the CO reserves the right to cancel the RTOQ. In such event, the Contractor(s) shall be notified in writing of the OCO's decision. This decision is final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act."

H.2 ON-RAMPING PROCEDURE

The Government reserves the right to "on-ramp" additional firms in the event of an awardee's loss of CSQs after award of the IDIQ contract. The Governmen may also on-ramp to meet DFC's small business contracting goals or to add capabilities in one or more ILSS categories. The minimum contract requirements, the technical acceptability standards, evaluation factors, solicitation terms and conditions, price reasonableness, and basis for award shall remain in full force and effect for each new proposal. Upon award of each additional contract, the Government shall notify all present Contractors of the award, and the new Contractor shall be given the same fair opportunity for task order awards as described in Section G.3.1.

52.216-32 Task-Order and Delivery-Order Ombudsman (Sept 2019)

(a) In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract.

Keron White

U.S. International Development Finance Corporation (DFC)

1100 New York Ave, NW

Washington, DC 20527 keron.white@dfc.gov mailto:keron.white@dfc.gov

+1-202.357.3960

(b) Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).

(c) Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

H.3 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE

The Government hereby provides notification that Government personnel observe the listed days as holidays:

(1) New Year's Day (6) Labor Day

(2) Martin Luther King's Birthday (7) Columbus Day

(3) President's Day (8) Veterans' Day

(4) Memorial Day (9) Thanksgiving Day

(5) Independence Day (10) Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

(1) Any other day designated by Federal Statute

(2) Any other day designated by Executive Order

(3) Any other day designated by the President's Proclamation

H.4 POST AWARD CONFERENCE

The Contractor shall participate in a post award conference to be held within 30 business days after ILSS IDIQ award at no additional cost to the Government. The purpose of the post award conference is to aid both the Contractor and the Government in achieving a clear and mutual understanding of all IDIQ level procedural and base-contractual requirements and identify and resolve potential and/or identified areas of uncertainty (See FAR Subpart 42.5, Post-award Orientation). The conference may be conducted virtually to facilitate Contractor attendance. The Contractor shall attend post award conferences on task orders as required at no additional cost to the Government.

H.5 KEY PERSONNEL

The Contractor shall assign key personnelresponsible for comprehensive support for the ILSS contract and task orders. The key personnel shall act as the point of contact with the Government for all communication, including contract or task order issues, deliverables, and evaluations, and represents the Contractor at all post-award meetings at the levels listed below:

IDIQ Level Key Personnel: Relationship Partner

Task Order Level Key Personnel: Lead Attorney

Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the key personnel previously approved by DFC, unless an exception is approved by the Contracting Officer. The Contractor shall obtain the consent of the Contracting Officer prior to making key personnel replacements. The notification shall contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the CO. Requests for changes shall be submitted to the CO at least fifteen (15) business days prior to making any permanent substitutions. The CO will notify the Contractor within ten (10) business days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

H.6 INTERPRETATION OF AGREEMENT: NOTIFICATION OF AMBIGUITIES

This written agreement and any and all identified writings or documents incorporated by reference herein or physically attached hereto constitute the parties' complete agreement, and no other prior or contemporaneous agreements either written or oral shall be considered to change, modify or contradict it.

It shall be the obligation of the Contractor to exercise due diligence to discover and to bring to the attention of DFC at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the statement of work, specifications and any other document incorporated into the agreement. Failure to comply with such obligations shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies and conflicts.

H.7 RESTRICTIONS AGAINST DISCLOSURE

The Contractor agrees, in the performance of this agreement, to keep in strict confidence the information furnished by DFC and designated by the COR as public materials and information unless otherwise specified. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a need to know basis.

The Contractor agrees to immediately notify the CO in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement.

The Contractor agrees that it will not disclose any information described in this section to any persons or individual unless prior written approval is obtained from the CO. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

H.8 CONFLICT OF INTEREST

Prior to commencing work on a task order, Contractors shall submit a copy of Attachment 2: Certain Obligations Regarding Potential Conflicts of Interest and Acknowledgements, signed by the Program Manager on behalf of the firm. Each Project Attorney assigned to a Task Order shall submit a signed acknowledgment prior to commencing work.

H.9 DUPLICATION OF EFFORT

The Contractor hereby certifies that costs for work to be performed under this IDIQ are not duplicative of any cost charged against any other Government contract, subcontract, or other Government source. The Contractor agrees to advise the CO, in writing, of any other Government contract or subcontract it has performed, or is performing, which involves work directly related to the purpose of this agreement. The Contractor also certifies and agrees that any and all work performed under this agreement shall be directly and exclusively for the use and benefit of the Government, and not incidental to any other work, pursuit, research, or purpose of the Contractor, whose responsibility it will be to account for it accordingly.

H.10 RIGHTS TO INFORMATION

DFC considers knowledge management a critical aspect of its ongoing ability to service its end-users. All notes, written reports and other documentation developed in the performance of this requirement will become the sole property of DFC.

Material can be turned over electronically, except for transaction documents with original signatures, in which case DFC requires turnover of original documents. The Contractor bears all costs of shipping and returning documents.

H.11 SUBCONTRACTING PLAN (Applicable to Large Businesses Only) In accordance with FAR 19.702, Large Business Offerors shall submit Attachment 3: Small Business Subcontracting Plan, for acceptance by the Contracting Officer .

Large businesses shall make a good faith effort to comply with the requirements of the plan. As stated in 15 U.S.C. 637(d)(9), any contractor or subcontractor failing to comply in good faith with the requirements of the subcontracting plan is in material breach of its contract.

The 2021 DFC subcontracting goals below are based upon total procurement dollars expended and are the suggested minimum goals for DFC administered subcontracting plans.

25% for all small businesses, http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

10% for small disadvantaged business

5% for women-owned small business

3% for veteran-owned small business

3% for service-disabled veteran-owned small business, 3% for HUBZone small business

Women-owned and/or regional based counsel in the country of the DFC project shall be given preference for work subcontracted to foreign firms. The subcontracted effort must be comprised of meaningful work under the statement of work within the task orders. The Subcontracting Plan should not include specific names of prospective subcontractors. No page restriction is applied to this plan. The subcontracting plan must state that the proposal goals are based on total planned subcontracted dollars. The proposed goals should be expressed as percentages only, not dollar values. The reporting of the actual subcontracting information experienced under the ILSS IDIQ contract will occur in the Electronic Subcontracting Reporting System (eSRS) in accordance with FAR 52.219-9. This reporting is applicable to large business prime contractors.

1) Revise Paragraph H.2

2) Change the response date from 23 April 2021 to 21 June 2021 at 2:00pm EST to reflect deadline for Phase 2 proposals.