Appendix 1 SPF_express acknowledgement.pdf

Appendix #1 SPF

The Contractors expressly acknowledge and agree through the submission of a proposal in response to the TOR for Structured and Project Finance that the primary value to the Contractor under this Task Order is derived from non-monetary consideration, including but not limited to:

Observation of and interaction with Government processes to the extent necessary to perform the technical advisory or evaluative activities authorized under this Task Order such as, export‑credit agency finance operations, including EXIM Bank statutory authorities, internal review processes, interagency coordination, and transaction lifecycle activities experience that support agency mission needs.

The opportunity to refine legal, analytical, and advisory capabilities in a highly specialized federal finance environment, including interaction with subject‑matter experts, program officials, and stakeholders in support of the Agency mission.

Nominal consideration may be given based on the combination with the non-monetary benefits on the value gained insight of an internal governmental working opportunity experience. Any monetary compensation associated with this Task Order may be nominal and significantly discounted to reflect the substantial non‑monetary benefits described above.

a. The Contractor affirms that its proposed pricing reflects a significant voluntary concession from otherwise applicable ELS IDIQ labor rates or commercial equivalents.

b. Such concession is intentional, knowing, and irrevocable, and is not contingent upon future work, follow‑on opportunities, expanded scope, or operational deployment.

c. The Contractor represents that the agreed‑upon pricing is fair and reasonable in light of the total consideration received, inclusive of non‑monetary value.

The task order does not guarantee future work, exclusivity, or follow‑on awards with EXIM in any capacity. Any subsequent acquisition for expanded scope will be subject to applicable competition requirements, price analysis, and independent contracting officer determination.

The scope of this contract is limited to the specific access, evaluation, or pilot activities described herein. The contract does not authorize production‑level use, enterprise deployment, or paid services beyond the defined scope. No obligation exists for the Government to exercise any option or pursue future contractual actions with the contractor.

No Implied Commitment / No Reliance (Legal Services)

The following No Implied Commitment / No Reliance clause is incorporated into this TOR and shall be included in any resulting Task Order.

(a) This contract, including any task orders issued hereunder, does not create any express or implied commitment by the Government to award additional work, extend the period of performance, exercise any option, or engage the Contractor for future legal services, matters, or representations.

(b) The Contractor acknowledges and agrees that it has not relied, and shall not rely, on any statement, representation, course of dealing, or expectation outside the express terms of this contract as a basis for incurring costs, committing resources, or for asserting entitlement to future work, compensation, or damages.

(c) Any costs incurred by the Contractor in anticipation of future legal matters, expanded scope, or continued engagement are incurred solely at the Contractor’s risk and shall not be reimbursed by the Government.

(d) Nothing in this contract shall be construed to create an exclusive relationship, guarantee of future representation, or obligation on the part of the Government to refer additional legal matters to the Contractor. Any future requirement for legal services shall be subject to separate contracting action and applicable competition and procurement requirements.

(e) The parties agree that the scope of the attorney‑client relationship, if any, is limited strictly to the legal services expressly authorized under this contract or task order, and no broader or continuing attorney‑client relationship is implied by the award, performance, or completion of this contract.

The consideration provided under this contract is nominal and is intended solely to establish a legally binding contractual relationship for the limited purpose described herein. The Contractor acknowledges that the nominal consideration does not reflect an expectation of future paid legal work, expanded engagement, or continued representation beyond the stated scope.