77344422Q0049_0_US.pdf

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Director, Office of Structured Finance and Insurance
Solicitation number
77344422Q0049
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This request for quote solicits applications from individuals to serve as a Director for the Office of Structured Finance and Insurance within the United States International Development Finance Corporation. The solicitation seeks a personal services contractor to perform duties including screening loan proposals, conducting financial analyses, assisting with loan negotiations and documentation, processing disbursement requests, and transitioning projects to monitoring. The base period of performance is September 29, 2022 through September 28, 2023 with one optional one-year extension. Applicants must have a master's degree in a relevant field, five years of experience in project finance evaluations, and the ability to independently perform the duties described. The solicitation will evaluate applicants based on their professional qualifications, past performance references, and negotiations for a firm fixed price contract. Applications must be submitted electronically by August 5, 2022.

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

77344422Q0049

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

10. Section J - List of Documents, Exhibits, and other Attachments

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

12. Section L - Instructions, Conditions and Notices to Offerors

13. Section M - Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

2. Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 PSC - Director, OSFI 2080 HRS Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Personal Services of one (1) FTE PSC - Director, in accordance with the attached PWS.

Anticipated Base Period of Performance: 29 September 2022 to 28 September 2023.

Purchase Requisitions

IDC Type: Not Applicable FSC Codes: R497 Prof services/personal services contracts NAICS Code: 541611 Administrative Management and General Management Co...

Supplies/Services Quantity Unit

0002 DFC Paid Taxes 1 JB Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

** Do not quote. This amount will be calculated by DFC* Employer paid payroll taxes.

Anticipated Base Period of Performance: 29 September 2022 to 28 September 2023.

Purchase Requisitions

IDC Type: Not Applicable

Supplies/Services Quantity Unit

0003 Performance Incentive 1 EAC

Contract Type:Firm Fixed Price Unit Price

Extended Price

Description:

** Do not quote. This amount will be calculated by DFC* Performance Incentive Cash Award. The amount of the incentive is determined by the PSC's supervisor but is no more than the percentage applied when determining the DFC non-SL performance award. This CLIN does not guarantee payment of an award.

Anticipated Base Period of Performance: 29 September 2022 to 28 September 2023.

Purchase Requisitions

IDC Type: Not Applicable

Supplies/Services Quantity Unit

0004 Floating Hour Pay-Out 36 HRS Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Pay out of accrued floating hours at the end of the period of performance. Not to exceed 36 hours.

Anticipated Base Period of Performance: 29 September 2022 to 28 September 2023.

Purchase Requisitions

IDC Type: Not Applicable

Supplies/Services Quantity Unit

0005 Special/Danger Pay 0 Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

** Do not quote. This amount will be calculated by DFC*For travel to areas designated to receive pay other than per diem.

Anticipated Base Period of Performance: 29 September 2022 to 28 September 2023.

Purchase Requisitions

IDC Type: Not Applicable

Supplies/Services Quantity Unit

1001 0001 PSC - Director, OSFI 2080 HRS Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Personal Services of one (1) FTE PSC - Director, in accordance with the attached PWS.

First Option Period: 29 September 2023 to 28 September 2024.

Purchase Requisitions

Option: 1 Option Time Date: 9/29/23 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable

Supplies/Services Quantity Unit

1002 0002 DFC Paid Taxes 1 JB Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

** Do not quote. This amount will be calculated by DFC* Employer paid payroll taxes.

First Option Period: 29 September 2023 to 28 September 2024.

Purchase Requisitions

Option: 1 Option Time Date: 9/29/23 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable

Supplies/Services Quantity Unit

1003 0003 Performance Incentive 1 EAC Contract Type:Firm Fixed Price

Unit Price

Extended Price

Description:

** Do not quote. This amount will be calculated by DFC*

Performance Incentive Cash Award. The amount of the incentive is determined by the PSC's supervisor but is no more than the percentage applied when determining the DFC non-SL performance award. This CLIN does not guarantee payment of an award.

First Option Period: 29 September 2023 to 28 September 2024.

Purchase Requisitions

Option: 1 Option Time Date: 9/29/23 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable

Supplies/Services Quantity Unit

1004 0004 Floating Hour Pay-Out 36 HRS Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

Pay out of accrued floating hours at the end of the period of performance. Not to exceed 36 hours.

First Option Period: 29 September 2023 to 28 September 2024.

Purchase Requisitions

Option: 1 Option Time Date: 9/29/23 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable

Supplies/Services Quantity Unit

1005 0005 Special/Danger Pay 0 Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

** Do not quote. This amount will be calculated by DFC* For travel to areas designated to receive pay other than per diem.

First Option Period: 29 September 2023 to 28 September 2024.

Purchase Requisitions

Option: 1 Option Time Date: 9/29/23 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable

Clauses incorporated by reference

None

Clauses incorporated by full text

3. Section C - Description/Specifications/Work Statement

Performance Work Statement

Performance Work Statement

SECTION C: Project Finance Specialist, Director, Office of Structured Finance and Insurance PERFORMANCE WORK STATEMENT

C.1 INTRODUCTION

1.1. This position is located in the Office of Structured Finance and Insurance (OSFI) of the Development Finance Corporation (DFC). The work of the unit involves providing medium- to long-term funding through direct loans and loan guaranties to support investment in less developed countries. DFC's Office of Structured Finance and Insurance is available for projects in the infrastructure and energy-related industries or for any projects in any industry seeking over $50 million in debt financing.

1.2. The contractor shall provide personal services as a Project Finance Specialist, Director, OSFI, a senior officer supporting the most complex, sensitive, or precedent-setting finance projects which are located in developing countries and markets. The PSC is responsible for performing initial screenings of new loan proposals, underwriting, and due diligence tasks in the loan origination process which includes in-depth financial analysis, preparing portions of the loan papers and memoranda associated with presenting proposed loans to credit approval committees, supporting the loan negotiations and development of appropriate covenants for finance agreements, processing disbursement requests, and preparing proper documentation of the loan files associated with the transition of projects to the Monitoring group. The PSC will work for a Managing Director who is coordinating the full range of new project financings.

C.2 MAJOR DUTIES AND RESPONSIBILITIES

2.1. Supports a Managing Director's Project Team in the loan origination process of limited recourse project finance transactions located in developing countries.

2.1.1. Independently conducts in-depth financial analyses of new loan proposals to determine a proposed project's ability to maintain debt service and fully repay a loan based on a review of the documentation provided.

2.1.2. Performs analyses utilizing available financial data including the financial statements provided by the project sponsors. Creates or modifies sponsor-provided financial projections to assess logical model construction and adequacy of business case assumptions for the proposed DFC financing. Conducts sensitivity analyses to test project assumptions and key economic drivers.

2.1.3. Prepares required credit papers to be submitted for credit and management approval in accordance with Finance Policies and Procedures. Presents loan proposals to various approval committees.

2.1.4. Supports the Project Team in reviewing, developing and negotiating legal documentation in the form of terms of reference, loan agreements, contracts, term agreements and other transaction related documents.

2.1.5. Processes disbursement requests working to ensure that all conditions precedents have been met.

2.1.6. Prepares proper documentation of the origination files in the system of record working to ensure that all required project documents are properly filed. Prepares proper documentation for the transition of assigned projects to the Project Monitoring Division.

2.1.7. Works with OSFI's Director of Business Development to develop new business opportunities. As required, advises representatives of private firms on the DFC' s loan guaranty programs and other financing programs and initiatives.

2.1.8. Responds to all requests in a timely manner. Replies to email correspondence and phone calls within two business days. Conducts daily duties with courtesy and professionalism.

2.2. EVALUATING PERFORMANCE: the COR shall conduct annual performance reviews of PSCs. The review shall be submitted to the Contract Specialist prior to the option period being exercised.

2.3. CONDUCT: By law and by the terms of their contracts with DFC, PSCs are subject to the laws, rules and regulations applicable to non-contract employees, including, without limitation, the Anti-Deficiency Act, the Hatch Act, and the laws and regulations governing the ethical conduct of Federal employees of the United States Government. Additionally, because PSCs are sole proprietors, they are subject to Section 441C of the Federal Election Campaign Act (FECA) which

TEMPLATE, Director Page 10 of 27 prohibits PSCs "from making or soliciting a contribution to "any political party, committee, or candidate for public office or to any person for any political purpose or use."

C.3 QUALIFICATIONS

3.1. EDUCATION and CERTIFICATION: The PSC shall have a minimum of a master's degree of Business Administration or Master of Science in International Development, International Economics, International Affairs, or Finance. Special consideration will be given to those with certifications, such as Certified Financial Analyst.

3.2. EXPERIENCE. The PSC shall have a minimum of 5 years of experience independently performing the full range of loan origination in an international project finance setting within the last 7 years and demonstrated ability to perform the duties and responsibilities in Section C.2.

3.3. DEMONSTRATED ABILITY:

Experience in applying financial expertise to evaluate projects located in developing countries and structure those projects in a limited-recourse project finance basis.

Experience in building, auditing, and testing financial models and cash flow projections and in performing sensitivity analyses to support the project analysis.

Experience in independently writing detailed credit approval or investment memoranda outlining project detail and analysis and presenting those proposals to credit committees and Boards of Directors for approval.

Experience in negotiating legal and other documentation in the form of loan agreements, inter-creditor agreements, security documentation, and other transaction-related documents for projects in developing countries.

Experience in processing disbursement requests from borrowers located in developing countries.

3.4. OTHER REQUIREMENTS: The contractor shall be a U.S. Citizen and have the ability to obtain and maintain a Public Trust clearance.

C.4 SUPERVISION RECEIVED

4.1 The PSC will be supervised by a Government FTE. The supervisor provides administrative direction on assigned projects. The PSC shall follow the direction of the Managing Director but complete assigned tasks independently. The PSC shall work with autonomy, consulting with the supervisor with respect to aspects of proposed deals being evaluated. Completed work is reviewed for adherence to credit guidelines, clarity, thoroughness of analysis. Overall work performance is evaluated in terms of completion of assigned projects.

C.5 GUIDELINES

5.1. Guidelines include basic legislation, broad agency policies, agency credit policies and procedures, and underwriting guidelines. Frequently there are precedents and senior loan officers to guide analysis of complex, unique, and highly visible proposed projects.

5.2. The guidelines provide a framework for the majority of proposed projects in terms of traditional banking methods used to accomplish assignments. The PSC may need use initiative and resourcefulness in deviating from traditional banking methods or researching trends and patterns.

C.6 COMPLEXITY

6.1. The PSC shall support a Managing Director in the most complex, sensitive, or precedent- setting projects located in developing countries and structured in a limited-recourse project finance basis.

6.2 Projects may be of extraordinary interest to policy makers at DFC or elsewhere; have substantial precedent-setting value; and/or involve some unusually complex or sensitive issues. The PSC shall contribute the full range of loan origination processes to a managing director who is evaluating proposed project finance transactions.

6.3. Assignments reflect the full range of origination processes for proposed projects with multiple projects and several phases being pursued concurrently or sequentially within the organization.

Decisions/recommendations made in connection with the financing of projects submitted for loan guaranties or direct loans are based in-part on the PSC's analysis of the financial feasibility of projects.

C. 7 SCOPE AND EFFECT

7.1. The purpose of this position is to provide debt financing for businesses investing in viable projects in developing markets that are structured on a limited resource project finance basis. The work has substantial impact on DFC, on the client company and on the host country. The work implements Congressional and White House priorities and requirements and advances relationships and furthers the goals of U.S. interests while promoting improvements in business programs worldwide. The projects often establish precedents for future finance work.

C.8 PERSONAL CONTACTS

8.1. Contacts are with representatives of business (foreign and domestic), high level officials of countries with emerging economies, officials of other government agencies, Embassy officials, and with all levels of employees of the DFC.

C.9 PURPOSE OF CONTACTS

9.1. The purpose of the contacts is to counsel the more senior loan officers on the financial viability of proposed projects requesting loan or loan guaranty support, to reply to direct inquiries from private businesses regarding their loan applications, and to negotiate the solution of a wide variety of delicate and sensitive issues involving the DFC.

C.10 PHYSICAL DEMANDS

10.1. The work is primarily sedentary.

C.11 TRAVEL

11.1 Domestic or international travel is not anticipated but may be required. Travel shall be approved by the COR and the PSC's supervisor and processed in the E2 system. PSCs shall expect to travel less than 25% of the time.

The Federal Travel Regulation shall be used to determine travel pay rates and per diem.

C.11. WORK ENVIRONMENT

11.1 The work is typically performed in an office setting at

U.S. International Development Finance Corporation 1100 New York Ave, NW

Washington, DC 20527

11.2. Travel in foreign countries may require outdoor work to visit sites of potential or active projects and may involve primitive accommodations and means of travel.

11.3. Telework is typically authorized up to 1 day per week.

C.12. HOURS OF PERFORMANCE

12.1. DFC's core operating hours are from 09:00am to 3:00pm. The PSC shall provide 40 hours of service each week. PSCs are not eligible for overtime or compensatory time. All PSCs must submit a timesheet into an online electronic system for approval by the COR. PSC's PTO and Floating Hours Earned will be recorded in the timesheets.

12.2. Telework: PSCs are authorized to telework according to DFC policy and must have a Telework Agreement in place. Telework must be approved by the COR and PSC's supervisor.

12.3. Floating Hours: PSCs are eligible for floating hours for time worked over 80 hours in a pay period. The annual accrual of floating hours is not limited. However, no more than 36 hours of unused floating hours will be paid out to the PSC at the end of the option period. Floating hours accrued and used shall be recorded on the timesheet and approved by the COR. Only travel during non-work hours can receive floating hours. All floating hours earned must be used by the end of the current option period. Floating hours are paid with current year funds that expire at the end of the option. Therefore, floating hours do not roll over to the next option period. Any unpaid or unused floating hours will be removed from the timesheet at the end of the current option or contract expiration.

12.4. Paid Time Off (PTO): All PSCs receive 15 days, 120 hours, of PTO per year. This time can be used as annual or sick leave and the balance shall be tracked on the PSC's timecard. All PTO are available for use on the first performance day of the contract. PTO does not roll over and must be used by the end of the current option.

Unused PTO will not be paid out at the end of the option period. All PTO requests shall be approved by both the COR and PSC's supervisor.

12.5. Facility Closure: PSCs are only permitted to invoice for hours worked. Therefore, in the event of facility closure, delayed opening, or early dismissal of DFC staff, the PSC will not be paid for unworked hours. In these situations, the PSC has the option to telework, or use floating hours or PTO.

12.6. Federal Holidays – PSCs are paid for all Federal Holidays as listed below and any additional federal holidays granted by executive order. As PSCs are not authorized overtime or comp time, any hours worked on a federal holiday are added to the timesheet as floating hours earned.

New Year's Day, January 1st

Martin Luther King's Birthday, 3rd Monday in January President's Day, 3rd Monday in February

Memorial Day, Last Monday in May

Juneteenth, June 19

Independence Day, July 4th

Labor Day, 1st Monday in

September Columbus Day, 2nd Monday in October Veteran's Day, November 11th

Thanksgiving Day, 4th Thursday in November Christmas Day, December 25th

12.7. Overtime, Compensatory Time, Travel Compensatory Time, and Credit Hours: PSC positions are not covered by the Fair Labor Standards Act and not eligible for overtime pay. PSCs are not eligible for OPM work schedule programs to include credit hours, compensatory time, and travel compensatory time.

12.8. Timesheets: All PSCs must submit a timesheet. Timesheet must be approved by the COR and submitted in the Harvest Timekeeping System for processing. Timesheet will be used to monitor the balance of the PSC's PTO and Floating Hours Earned.

C.13 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

13.1. The Government will provide all necessary equipment, supplies and materials to include workstations, computer, telephone and other materials and equipment to fulfill the requirements of this contract.

C.14 NONSALARY BENEFITS

14.1 Health Insurance and Retirement Subsidies: Per the Build Act, PSCs shall not be considered Federal employees for any provision of law administered by the Director of the Office of Personnel Management (OPM).

Therefore, PSCs are not eligible to participate in employer-provided health insurance or the Federal Employees Retirement System (FERS). In lieu of these benefits, DFC provides standard non-negotiable health insurance and retirement subsidies.

Health Insurance: this subsidy is based on the average of 72% of the OPM program-wide weighted average of premiums for "self only" and "self plus one" at the time of contract award. This amount is paid directly to the PSC as part of their salary regardless of their insured status. PSCs do not have to provide proof of insurance to receive this subsidy. This subsidy is fixed and does not increase in option years.

The OPM rates can be found at https://www.opm.gov/healthcare- insurance/healthcare/plan-information/premiums/

14.2. Retirement: this subsidy is a percentage equal to the federal employee contribution to OPM FERS at the time of contract award. The subsidy is applied to the PSC's annual salary inclusive of locality. The percentage of the subsidy does not increase over the contract period of performance. However, the amount of the subsidy increases as the PSC's annual salary increases according to the contract escalation rate. Current employee contribution rates to FERS can be found at https://www.dm.usda.gov/employ/policy/docs/USDA%20FERS%20Summary%20v2.pdf. Employees hired in 2014 or later contribute 4.4%.

14.3 Metro Subsidy or Parking Subsidy: PSCs are eligible to receive either the metro subsidy or parking subsidy. The amount of the subsidies is subject to annual changes and are processed by Facilities and Administrative Services, and the Department of Finance. The parking subsidy requires PSCs to authorize a payroll deduction for the reduced parking fee from their pay.

14.4. Gym Membership: PSCs are eligible to receive on-site gym membership subject to the same process as for FTEs. Reimbursement for other gyms is not authorized.

14.5. Taxes: DFC issues W-2s to PSCs and makes the employer contribution to FICA and Medicare for the PSC. DFC also withholds FICA, Medicare, federal tax and state tax on behalf of the PSC. The PSC is not eligible for the Foreign Earned Income Exclusion.

C.15. DELIVERABLES

15.1. Written assessment of the viability and risks associated with assigned loan applications and associated business plans and project documentation, which is prepared in a clear and concise format.

Written and verbal communication with loan applicants to determine project viability.

15.2 Analyses of project documentation and financial models as requested by assigned project team.

Shall include written analyses and verbal descriptions of the ability of the proposed business venture to repay a DFC loan and the possible variations projected by the running various requested sensitivity analyses on a financial model.

15.3. Written portions of credit approval papers, terms sheets and legal documentation, each of which prepared in a clear and concise format as requested by the project team.

15.4 Support of the project team in Development and negotiation of Term Sheets, Loan Agreements, Inter-creditor Agreements, Off-take Agreements and other technical or legal documentation.

15.5 Preparation of clear, concise and accurate documentation associated with the request for disbursement and assessment of the borrower's compliance with the conditions precedent in the finance agreement for assigned projects.

15.6 Preparation of proper documentation of the origination files in the system of record confirming that all required project documents are properly filed. Preparation of proper documentation for the transfer of assigned projects to the Project Monitoring Division.

15.7 Confirmation that one's assigned projects are consistently up-to-date in Agency's online pipeline system as to projected status and timing and with correct relevant details.

15.8 Written listing of any business development contacts.

C.16. PERFORMANCE REQUIREMENT SUMMARY

16.1. Performance Standards define required performance for specific tasks:

PWS

Paragraph

Performance Metric

Performance Standard

Acceptable Level of Performance

Surveillance Method

2.1.1 Assessment of

Loan Applicants

Includes required components and is submitted on required schedule determined by project team.

Satisfactory or

Higher

100% Inspection

2.1.2 Technical Includes required

components and is

Satisfactory or

Higher

100% Inspection

PWS

Paragraph

Performance Metric

Performance Standard

Acceptable Level of Performance

Surveillance Method

Analyses and

Financial Models submitted on required schedule determined by project team.

2.1.3 Preparation of

Credit Approval Papers and Associated Legal Agreements

Includes required components and is submitted on required schedule determined by project team.

Satisfactory or

Higher

100% Inspection

2.1.4 Negotiation of

Legal Agreements

Includes required components and is submitted on required schedule determined by project team.

Satisfactory or Higher

Random Inspection

2.1.5 Disbursement

Processing

Includes required components and is submitted on required schedule determined by project team.

Satisfactory or Higher

100% Inspection

2.1.6 Filing of

Origination Documentation

Includes required components according to Federal Filing Records and submitted on required schedule.

Satisfactory or Higher

Random Inspection

2.1.7 Updating pipeline

system

Includes required data elements and is submitted on required schedule determined by project team.

Satisfactory or Higher

100% Inspection

2.1.8 Business

Development

Includes required data elements and is submitted on required schedule determined by project team.

Satisfactory or Higher

Random Inspection

2.1.8. Conduct Replies to email

correspondence and phone calls within two business days.

Conducts daily duties with courtesy and professionalism.

Satisfactory or

Higher

Customer Input

16.2. Methods of Surveillance: Various methods exist to monitor performance. The COR shall use any or several of the surveillance methods listed below in the administration of this contract.

16.2.1. 100% Inspection: Evaluation of all outcomes and deliverables to determine if performance level is acceptable.

16.2.2. Periodic Inspection: Evaluation of some outcomes and deliverables. Services are sampled to determine if performance level is acceptable.

16.2.3. Customer Input: Customer feedback on the quality and timeliness of services provided to determine if performance level is acceptable

16.3. PERFORMANCE RATINGS: The following rating definitions can be used as a guide when completing the Performance Assessment:

16.3.1. Outstanding Performance meets all contractual requirements and exceeds most to the government's benefit.

The contractual performance of the element or sub-element being assessed was accomplished with almost no minor problems for which corrective actions were taken by the contractor, and the corrective actions were highly effective.

16.3.2. Excellent Performance meets all contractual requirements and exceeds some to the government's benefit.

The contractual performance element or sub-element being assessed was accomplished with very few minor problems for which corrective actions taken by the contractor were highly effective.

16.3.3 Good Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

16.3.4. Fair Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions.

The contractor's proposed actions appear only marginally effective or were not fully implemented.

16.3.5. Poor Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective.

16.3.6 Unsatisfactory Performance does not meet any of the contractual requirements.

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

Supplies/Services will be inspected/accepted at:

Line Number Inspect At Inspect By Accept At 0001 Destination

1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

0002 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

0003 Destination 1100 New York Avenue, NW Washington

DC

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

20527

US

0004 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

1001 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

1002 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

1003 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

1004 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

6. Section F - Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

9/29/22 9/28/23

DFC

1100 New York Avenue, NW Washington DC

US 20527

Line Item: 0002

9/29/22 9/28/23

DFC

1100 New York Avenue, NW

Line Item: 0003

9/29/22 9/28/23

DFC

1100 New York Avenue, NW

Line Item: 0004

9/29/22 9/28/23

DFC

1100 New York Avenue, NW

Line Item: 0005

9/29/22 9/28/23

DFC

1100 New York Avenue, NW

Line Item: 1001

9/29/23 9/28/24

DFC

1100 New York Avenue, NW

Line Item: 1002

9/29/23 9/28/24

DFC

1100 New York Avenue, NW

Line Item: 1003

9/29/23 9/28/24

DFC

1100 New York Avenue, NW

Line Item: 1004

9/29/23 9/28/24

DFC

1100 New York Avenue, NW

Line Item: 1005 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

9/29/23 9/28/24

DFC

1100 New York Avenue, NW

7. Section G - Contract Administration Data

Requesting Office Address

DFC

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

Property Administration Office Address

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

COR Office Address

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

HALPERN, CHRISTINA K.

christina.halpern@dfc.gov

Issuing Office Address

DFC

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

WHITE, KERON

keron.white@dfc.gov

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

Article Number Reference Text 52.202-1 52.202-1 Definitions (JUN 2020)

52.204-2 52.204-2 Security Requirements (MAR 2021)

52.204-9 52.204-9 Personal Identity Verification of Contractor Personnel (MAY 2014)

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

52.204-14 52.204-14 Service Contract Reporting Requirements (OCT 2016)

52.204-25 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

52.209-10 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.212-4 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services

(NOV 2021)

52.217-5 52.217-5 Evaluation of Options (JULY 1990)

52.223-5 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011)

52.225-13 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

52.232-3 52.232-3 Payments under Personal Services Contracts (APR 1984)

52.232-23 52.232-23 Assignment of Claims (MAY 2014)

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

52.232-39 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-1 52.233-1 Disputes (MAY 2014)

52.233-3 52.233-3 Protest after Award (AUG 1996)

52.233-4 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-2 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.245-1 52.245-1 Government Property (SEP 2021)

52.249-12 52.249-12 Termination (Personal Services) (APR 1984)

52.204-24 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representation. The Offeror represents that-

(1) It _ will, _ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It _ does, _ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 52.204-26 Covered Telecommunications Equipment or Services - Representation (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations.

(1) The Offeror represents that it _ does, _ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it _ does, _ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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:

[Contracting Officer check as appropriate.]

2_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109- 282) ( 31 U.S.C. 6101 note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111- 117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

(10) [Reserved].

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9.

(18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C.

657f).

(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

(27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

(31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

(35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(36) 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.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA?Designated Items (May

2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available…

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