DRG ACC Sol_7200AA25R00022 USPSC Anti-Corruption Policy Advisor 12.17.24.pdf

SOLICITATION NUMBER: 7200AA25R00022

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 Policy 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 7200AA25R00022

ACC, Anti-Corruption Policy Advisor

I. GENERAL INFORMATION

1. SOLICITATION NO.: 7200AA25R00022

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

DUTIES AND RESPONSIBILITIES

General – The primary role of the Anti-Corruption Policy Advisor is to support the implementation of USAID’s first Anti-Corruption (AC) Policy, which was launched in December 2022. Under the direction of the P&P Team Lead, the Anti-Corruption Policy Advisor serves as a resource to advance the Policy’s effective implementation. The incumbent carries out work assignments of significant difficulty and with significant responsibility using independent professional judgment to ensure effective policy leadership and support to DRG and other technical offices and.

Supervisory Relationship - The Advisor reports to the ACC’s Policy and Partnerships Team Lead.

The Advisor regularly works with diverse staff, including coordinating with other members of the ACC and the DRG Bureau more broadly on shared priorities, and engages, supports, and works with individuals from across USAID, the interagency, and other parts of the U.S. government. The supervisor provides administrative direction regarding the DRG Bureau’s objective of enhancing USAID’s ability to implement the AC Policy and contribute to the design and implementation of other policies related to anti-corruption. The Advisor and Team Leader jointly develop a work plan that outlines specific priorities and deliverables, which the Advisor will independently plan, design, and achieve (with minimal supervision). Many of these lines of effort will require input and coordination with other USAID staff which the Advisor will facilitate 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 https://www.usaid.gov/anti-corruption/policy

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

Performs and/or coordinates fact-finding, research, and analysis across the full policy architecture (i.e., Agency policies and guidance, regulations, and legislation) and broader evidence base as applicable to articulate and advance AC policy objectives.

Develops and maintains up-to-date trackers, knowledge management systems, and records about relevant legislation, interagency processes, USAID implementation of the Policy, coordination with other stakeholders, and other relevant research and analysis.

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.

Drafts talking points, correspondence, memos, briefers, bios, and testimony on policy matters for ACC and DRG leadership, and contributes to the preparation of speeches, reports, and presentations.

Collaborates with other ACC teams and DRG Bureau Offices on messaging, media outreach, and special events and other communication materials with other USAID operating units to disseminate and amplify policy implementation.

Supports ACC’s and USAID’s broader monitoring, evaluation, and learning efforts on the Policy.

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

Supports 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 Policy Advisor performs under administrative direction, exercises independent judgment in areas such as program/project management and influences program policy by reason of recognized expertise in the particular field of development assistance. Although not a policymaker, the work requires the exercise of discretion and professional judgement.

Level of complexity for work assignments - At the GS-13 level the Anti-Corruption Policy Advisor’s duties are significantly varied and require a high degree of knowledge of foreign policy. The Anti- Corruption Policy Advisor conducts research, analyzes information and policy implications, and resolves problems. The Advisor develops new approaches to address research findings, feedback, and incorporate lessons learned, into future policy implementation.

Knowledge level required - At the GS-13 level the Anti-Corruption Policy Advisor demonstrates mastery in an area related to anti-corruption. The Anti-Corruption Policy 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 Policy Advisor is expected to work from guidelines that are broadly stated and non-specific, requiring extensive interpretation. The Advisor is recognized as an expert in the development and interpretation of anti-corruption-related policy and guidance. 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 the Anti-Corruption Policy 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 Policy 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. The Advisor may represent USAID to these organizations in different fora, including conferences, workshops, panels, and more.

The Advisor tailors 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 Policy Advisor’s:

Education - Graduate degree with significant study in a pertinent field (international affairs/relations/studies/development, public policy/administration, government, political science, law, sociology, economics) and at least five years of experience in foreign affairs, including least two years of experience with a government agency/department, bilateral donor, or multilateral organization;

or a Bachelor’s degree with significant study in a pertinent field (international affairs/relations/studies/development, public policy/administration, government, political science, law, sociology, economics) and at least seven years of progressively responsible experience in foreign affairs, including at least two years of experience with a government agency/department, bilateral donor, or multilateral organization.

Progressively responsible experience – Must include the use of development assistance to address governance challenges. Preferred experience is on the development and/or implementation of policy addressing corruption and fostering transparency and accountability.

Experience must include the use of development assistance to address governance challenges.

Preferred experience is on the development and implementation of policy addressing corruption and fostering transparency and accountability.

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 policy matters based on principles, concepts, and methodologies involved in the design, implementation, management, and evaluation of anti-corruption policies, including:

a. Demonstrated knowledge acquired through education and experience, including two years working with one or more government agencies/departments, bilateral donors, or multilateral organizations, in developing and implementing foreign policy.

b. Demonstrated experience with the use of development assistance to address governance challenges, preferably on anti-corruption policy.

2. Communication

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

3. Interpersonal Skills

a. Demonstrated ability to exhibit tact, diplomacy, and resourcefulness to effectively navigate intra- and inter-agency dynamics and promote increased coordination, knowledge-sharing, collaboration, and collegiality among colleagues with diverse backgrounds and opinions.

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 ranked applicants based on the following weighted scoring of the QRFs:

1. Technical expertise/ability (40 points)

2. Communication experience/ability (35 points)

3. Interpersonal Skills (25 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 Policy topic.

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

1. Technical expertise/ability (30 points)

2. Communication experience/ability (35 points)

3. Interpersonal Skills (20 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 https://drive.google.com/file/d/1FE7WGQJQhx2qYgpmPwGwGBvHFyLDr_fz/view 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

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.

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:

2 YR $_TBD $_TBD at Award after negotiations with Contractor

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

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

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

1 YR $_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 YR $_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 https://www.usaid.gov/forms http://www.usaid.gov/work-usaid/aapds-cibs http://www.usaid.gov/work-usaid/aapds-cibs

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

(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) 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) 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) https://www.sam.gov/

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 of contract expiration.

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires.

The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 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. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.

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

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

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

(2) The Contractor's name and remittance address, as stated in the contract(s).

(3) The signature (manual or electronic, as appropriate), title, and telephone number of the

Contractor official authorized to provide this information.

(4) The name, address, and 9-digit Routing Transit Number of the Contractor's financial agent.

(5) The Contractor's account number and the type of account (checking, saving, or lockbox).

(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.

(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fedwire Transfer System; and, therefore, not the receiver of the wire transfer payment.

52.233-1 DISPUTES (May 2014) – Alternative 1 (Dec 1991)

(a) This contract is subject to 41 U.S.C chapter 71, Contract Disputes.

(b) Except as provided in 41 U.S.C chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) "Claim," as used in this clause, means a written…