DRG ACC Sol_7200AA25R00021 USPSC Anti-Corruption Advisor 12.17.24.pdf

SOLICITATION NUMBER: 7200AA25R00021

ISSUANCE DATE: December 17, 2024

CLOSING DATE AND TIME: January 20, 2025, at 4:00 pm EST

SUBJECT: Solicitation for U.S. Personal Services Contractor (USPSC) for the

Bureau for Democracy, Human Rights, and Governance (DRG), Anti- Corruption Center (ACC) Anti-Corruption Advisor at the GS-13 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, 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 this solicitation.

Sincerely, Eileen Fanelli Contracting Officer

ATTACHMENT 1 7200AA25R00021

Anti-Corruption Center (ACC), Anti-Corruption Advisor

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA25R00021

2. ISSUANCE DATE: December 17, 2024

3. CLOSING DATE/TIME FOR RECEIPT OF OFFERS: January 20, 2025, at 4:00 pm EST

4. POINT OF CONTACT: Anthony Ciolli, email address aciolli@usaid.gov.

5. POSITION TITLE: Anti-Corruption Center (ACC) Anti-Corruption Advisor

6. MARKET VALUE: $117,962 to $153,354 which is equivalent to GS-13, with Washington

DC locality pay. Final compensation will be negotiated within the listed market value.

7. PLACE OF PERFORMANCE: USAID/Washington, with temporary duty travel (TDY) overseas estimated at 20% of work hours per year. Relocation expenses will not be reimbursed for U.S.-based positions. This position has been designated telework eligible for between two to four days per pay period with the approval of the supervisor and execution of a telework agreement.

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 May 2025.

Base Period May 2025 – April 2027

Option Period 1 May 2027 – April 2028

Option Period 2 May 2028 – April 2029

Option Period 3 May 2029 – April 2030

9. ELIGIBLE OFFERORS: U.S. Citizen or U.S. Permanent Resident

10. SECURITY LEVEL REQUIRED: Facility Access

11. STATEMENT OF DUTIES

BACKGROUND

This position is located in the Anti-Corruption Center (ACC) of USAID's Bureau for Democracy, Human Rights and Governance (DRG) in Washington, D.C. DRG is the technical lead at USAID for assistance and policy aimed at improving the resilience of democratic societies. Through the DRG Bureau, USAID embeds anti-corruption as a critical component of inclusive and sustainable development and ensures that democracy, human rights, governance, and anti-corruption considerations are infused into policy decisions, programming, public outreach, and partner mailto:aciolli@usaid.gov 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.

More information on the functions of DRG and its offices are described in ADS 101.3.1.17, Agency Programs and Functions.

Within ACC, the position is part of the Technical Leadership and Global Programming (TLGP) Team.

TLGP leads efforts to enhance technical excellence and leadership in anti-corruption and shape the Agency’s global, regional, and bilateral anti-corruption programming, through high-quality technical engagement and support to USAID Missions around the world; technical engagement and collaboration on countering corruption across Agency sectors; design and development of cutting-edge technical products, guidance, and programs; and technical engagement, leadership, and exchange with USAID colleagues, key external partners, and the broader anti-corruption community.

DUTIES AND RESPONSIBILITIES

General – Working as an integral member of the TLGP Team, the Anti-Corruption Advisor strengthens and supports USAID’s capacity to identify and respond to corruption and to implement new approaches to anti-corruption pursuant to the USAID Anti-Corruption Policy. As an anti-corruption, transparency, and accountability subject matter expert, the Advisor also serves as a technical resource across the Agency and interagency, and provides cutting-edge and responsive anti-corruption technical expertise, support, and leadership within and outside USAID.

Supervisory Relationship - The Advisor reports to the ACC’s Deputy Director or designee. The Advisor regularly works with diverse staff, including coordinating with other members of the ACC and the broader DRG Bureau on shared priorities, and engaging, supporting, and working with individuals from across USAID, the interagency, and other parts of the U.S. government. The supervisor will provide administrative direction regarding the DRG Bureau’s objective of enhancing USAID’s ability to both address corruption risk across sectors and tackle corruption from multi-sectoral angles. The PSC independently plans, designs, and carries out a work plan to achieve that direction. Many of those lines of effort may require input and coordination with other USAID staff, which the PSC facilitates as needed.

Commitment to Diversity, Equity, Inclusion, and Accessibility (DEIA) - All members of the DRG 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 https://www.usaid.gov/about-us/agency-policy/series-100/101 https://www.usaid.gov/about-us/agency-policy/series-100/101

Anti-Corruption Advisor Specific Duties at the GS-13 Equivalent Level:

Maintains deep knowledge of anti-corruption as a technical area, including relevant approaches, policies, and methodologies.

• Supports USAID Missions and other operating units with anti-corruption-related technical assistance in all phases of the USAID Program Cycle. This includes Conducting multiple-week TDY visits to USAID partner countries to assist with DRG and anti-corruption assessments and support Mission strategy and activity design, activity procurement, and activity implementation tasks;

• Providing technical input and guidance to Missions on the design and implementation of anti-corruption, transparency, and accountability programs and helping Missions identify and apply state-of-the-art and evidence-based approaches;

• Participating in assessing the feasibility and strategic priorities of a country for anti-corruption and broader democracy, human rights, and governance programming; and

• Participating in selecting contractors and grantees to implement anti-corruption programs, as assigned.

Contributes to, leads or co-leads the development of anti-corruption technical and programmatic guidance, and providing expert strategic and technical support to Regional Bureaus and USAID Missions on ways to incorporate this guidance into their work.

Backstops one or more USAID Regional Bureaus and serves as ACC Regional point of contact (POC) to advance outreach and technical engagement. This includes establishing contact with these stakeholders, learning their portfolio of related activities, and supporting the development and implementation of potential anti-corruption activities. Illustrative support activities include meetings and calls with USAID Missions, TDYs to participate in project design, and conducting training and/or delivery of the Anti-Corruption Technical Clinics.

Serves as Contracting Officer’s Representative/Agreement Officer’s Representative (COR/AOR) and/or Activity Manager for awards.

Engages with internal USAID and external stakeholders (e.g., Congress, U.S. government interagency, partners, think-tanks, academia, wider development community) to advance the AC Policy’s lines of effort.

Provides recommendations and technical advice to senior-level USAID officials on technical, country, regional, and Agency-wide anticorruption, including drafting talking points, correspondence, memos, briefers, bios, and testimony, speeches, reports, and presentations.

Serves as a back-up to other members of the TLGP team, helping to support the team’s activities and responsibilities (providing technical support for USAID operating units (OUs), supporting efforts for countering corruption across sectors, supporting and promoting technical leadership in anti-corruption, managing global anti-corruption programming and mechanisms, and developing and disseminating cutting edge technical products) as necessary, and supporting team systems and processes.

Support other work streams within the ACC to meet operational needs during staff shortages.

Duties performed will be aligned with existing duties and responsibilities and will be directly related to the statement of duties provided.

Degree of responsibility for decision-making assigned to the position – At the GS-13 level the Anti- Corruption Advisor is expected to carry out work assignments using independent professional judgment to ensure effective technical leadership. The Anti-Corruption Advisor performs work of significant difficulty and responsibility. The Anti-Corruption Advisor performs under administrative direction, with latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended professional, scientific, or technical research training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice or administration. The Anti-Corruption Advisor exercises independent judgment in areas such as program/project management and influences program policy by reason of recognized expertise in the field of development assistance, although not a policymaker.

Level of complexity for work assignments - At the GS-13 level the Anti-Corruption Advisor duties are significantly varied and require a high degree of knowledge of anti-corruption. They will be required to conduct research and analyze information and policy implications, resolve problems and identify new plans or approaches. The Advisor will be expected to develop and contribute new approaches to design and implement anti-corruption programming.

Knowledge level required - At the GS-13 level the Anti-Corruption Advisor demonstrates mastery in an area related to anti-corruption. The Anti-Corruption Advisor must apply experimental theories and new development approach to problems not susceptible to accepted methods and must disseminate understanding of those new methods to the greater DRG cadre.

Performance Guidelines - At the GS-13 level the Anti-Corruption Advisor works within guidelines that are broadly stated and non-specific, requiring extensive interpretation. The Advisor is recognized as an expert technical advisor in the design and implementation of anti-corruption programming, tools, and technical resources. Judgment and ingenuity are required to interpret the intent of policy and guidance and to synthesize results and develop new plans, guidelines, and recommendations.

Scope and effect of the work performed - At the GS-13 level Anti-Corruption Advisor plans, organizes, directs, designs, and coordinates assistance activities, to meet the needs of USAID Bureaus and Missions, that directly affect the development of major aspects of programs/projects/activities that affect a substantial number of people. 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 broader DRG staff members and Agency colleagues. The Advisor participates in interagency efforts to address critical issues, such as democratic openings or responses to high-profile corruption cases and maintains regular working relationships with counterparts in the Department of State and other agencies.

Level and purpose of contacts – At the GS-13 level the Anti-Corruption Advisor serves as one of the Agency’s anti-corruption experts and advises USAID and interagency counterparts on matters relating to the U.S. government’s response to countering corruption. The Advisor may represent USAID to Congressional staff, the Department of State, and other interagency counterparts. 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, as assigned. The Advisor may represent USAID to these organizations in different fora, including conferences, workshops, panels, and more.

The Advisor tailor’s information to different audiences, such as USAID and DRG leadership, U.S.

Congress, Department of State, external partners, and public audiences. The Advisor is skillful in determining the appropriate approach in negotiating and persuading others, including decision makers.

12. PHYSICAL DEMANDS

The work is generally sedentary and does not pose undue physical demands. If traveling overseas, the incumbent may be subject to elements of physical exertion including longer periods of standing, walking over rough terrain, or carrying moderately heavy items. The incumbent may be required to travel to high threat locations and to complete security awareness training for such purposes.

II. MINIMUM QUALIFICATIONS REQUIRED FOR THIS POSITION

At the GS-13 equivalent level, the Anti-Corruption Advisor’s:

Education - Graduate degree with significant study in a pertinent field (such as international affairs/relations/studies/development, public policy/administration, government, political science, law, sociology, economics) and at least five years of progressively responsible experience in international development related to anti-corruption;

or a Bachelor’s degree with significant study in a pertinent field (such as international affairs/relations/studies/development, public policy/administration, government, political science, law, sociology, economics) and at least seven years of progressively responsible experience in international development related to anti-corruption.

Progressively responsible experience – may include relevant country-level or global experience working with U.S. government, international organizations, donor development agencies, non-governmental organizations (NGOs), private sector, academic organizations, or other agencies and processes involved in the use of development assistance to address corruption.

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 (CO) 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 CO 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 CO 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) include:

1. Technical Expertise Ability to provide high-level analysis and technically sound recommendations on a variety of complex anti-corruption matters based on principles, concepts, and methodologies involved in the design, implementation, management, and evaluation of anti-corruption programs, projects, and activities, including:

a. Demonstrated skill serving as a technical advisor on complex and precedent-setting policy and program issues; and

b. 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.

2. Communication

a. Demonstrated mastery of high-quality, professional written and oral communications, including the ability to gather, analyze, and synthesize information in a fast-paced environment in clear, concise language for ease of utilization by both relevant audiences (including executive management -level officials, academics, external partners, and practitioners).

3. Interpersonal Skills

a. Demonstrated 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, as part of a collaborative team.

Basis of Rating

Applications from Offerors will be first evaluated to determine they meet the minimum qualifications required for the position described above. 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. Written submissions from Offerors that meet the minimum requirements will be further evaluated to determine the highest rated applicants based on the following weighted scoring of the QRFs:

1. Technical expertise/ability (50 points)

2. Communication experience/ability (30 points)

3. Interpersonal Skills (20 points)

Offerors written submission should demonstrate the Offerors’ qualifications to perform the duties and take on the responsibilities outlined above. Failure by the Offeror to specifically address the QRFs during this process may result in the Offeror not receiving credit for pertinent experience, education, training, and/or awards. Written offers that are not most highly rated will not be further evaluated. Offerors may receive up to a maximum of 100 points based on their initial written submission.

The highest ranked Offeror or Offerors may be invited for an interview. Interviews may include specific questions regarding aspects of an Offeror’s educational and professional experience and standardized questions. The interview may also include a written or verbal test to evaluate the Offeror’s 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.

Interviews with individual Offerors will be evaluated to determine the highest ranked Offeror based on the following weighted scoring of the QRFs.

4. Technical expertise/ability (40 points)

5. Communication experience/ability (35 points)

6. Interpersonal Skills (25 points)

Offerors may receive a maximum of 100 points, at the interview stage. Interview scores will be added to the Offeror’s initial score, for a total of 200 points overall.

Reference Checks: USAID will contact references for all Offerors who are interviewed. USAID reserves the right to seek references from other individuals who are familiar with the Offeror’s work in addition to the references provided by the Offeror.

USAID will not only solicit feedback on the Offeror’s technical abilities and knowledge, but also on 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.

Additionally, in accordance with PEB 24-01, “Personal Services Contractors (PSC) Practices Related to Preventing and Addressing Sexual Misconduct in the Workplace” references will be asked if they are aware of the Offeror having previously received a disciplinary action for sexual misconduct.

“Sexual misconduct” is an umbrella term that encompasses any inappropriate behavior of a sexual nature or that is sex-based, including abuse, assault, exploitation, harassment, intimate-partner violence, stalking, voyeurism, and any other such conduct that is sexual in nature or that is sex-based which is non-consensual or has the purpose or effect of threatening, intimidating, denigrating, or coercing a person.

Professional references will be incorporated into the Government’s overall evaluation of an Offeror’s Technical Expertise, Communication, and Teamwork and Professionalism to determine the Offeror’s 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.

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

a. 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.

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

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

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

e. 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:

a. Name of reference.

b. Offeror’s relationship to the reference.

c. Title of reference at current job.

d. Reference current telephone number.

e. Reference current email address.

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

a. Address each of the Evaluation and Selection Factors.

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

Offeror has received that are relevant to each factor.

c. Cite specific, illustrative examples for each factor.

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

5. Self-Certification related to sexual misconduct found in PEB 24-01, found at https://www.usaid.gov/partner-with-us/resources-for-partners/procurement-executive-bulletins-pebs. The self-certification can be found as tab 1.

V. 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 the 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 e 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 https://drive.google.com/file/d/1FE7WGQJQhx2qYgpmPwGwGBvHFyLDr_fz/view

2. ALLOWANCES:

Section numbers refer to rules from the Department of State Standardized Regulations (Government Civilians Foreign Areas), available at https://aoprals.state.gov/content.asp?content_id=282&menu_id=101.

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 available at https://www.usaid.gov/forms.

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 -

1 LOT $_TBD $_TBD at https://www.usaid.gov/ads/policy/300/aidar https://www.usaid.gov/forms

ITEM

NO (A)

SUPPLIES/SERVICES (DESCRIPTION)

(B)

QUANTITY

(C)

UNIT

(D)

UNIT

PRICE (E)

AMOUNT (F)

Product Service Code: R497 - Accounting Info:

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. Procurement Executive Bulletin (PEB) 24-10 regarding USAID’s Zero Tolerance for Sexual

Misconduct - USAID has a zero-tolerance policy for sexual misconduct with the goal of fostering a respectful, safe, healthy and inclusive work environment. USAID maintains policies and procedures to establish a workplace free of sexual misconduct as described in Agency policy at ADS Chapter 113, Preventing and Addressing Sexual Misconduct.

5. 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.

6. 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.

7. FAR PART 52 – SOLICITATION PROVISIONS AND CLAUSES

http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs https://www.oge.gov/web/oge.nsf/resources_standards-of-conduct https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman https://www.usaid.gov/work-usaid/personal-service-contracts-ombudsman mailto:PSCOmbudsman@usaid.gov

(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.

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) https://www.sam.gov/

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 5 years (60 months).

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.