Attachment_1-_OPIC_Terms_and_Conditions.pdf

ATTACHMENT 1- OPIC TERMS AND CONDITIONS

CONTRACT ADMINISTRATION DATA AND SPECIAL CONTRACT REQUIREMENTS

CONTRACT MANAGEMENT

Notwithstanding the Contractor's responsibility for total management responsibility during the performance of the contract, the administration of the contract will require maximum coordination between the Government and the Contractor during performance of the contract.

CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer (CO) will perform all contract administration. The CO is the only person with the authority to act as an agent of the U.S. Government under this contract and is the only person authorized to make or approve any changes in any of the requirements of this contract. Notwithstanding any provisions contained elsewhere in this task order contract, the said authority remains solely in the Contracting Officer.

In the event the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. Only the CO has the authority to: (1) direct or negotiate any changes in the SOW or PWS; (2) modify or extend the period of performance; (3) change the delivery schedule, (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

Trenescia Cowans is the Contracting Officer (CO) for this task order. Communications pertaining to contract administration matters shall be addressed to the CO. No changes in or deviation from the scope of the work shall be effected without a Supplemental Agreement (contract modification) executed by the CO authorizing such changes.

The Contracting Officer’s contact information is:

Trenescia Cowans U.S. Overseas Private Investment Corporation 1100 New York Ave, NW Washington, D.C. 21527 Phone: 202-336-8574 E-mail: Trenescia.Cowans@opic.gov

CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Mrs. Johnnie Smoots-Little is hereby designated as the Contracting Officer's Representative (COR). The Government may change the COR at any time without prior notice to the Contractor by a unilateral modification to the Contract. The COR is located at:

Mrs. Johnnie Smoots-Little - Contracting Officer’s Representative U.S. Overseas Private Investment Corporation 1100 New York Ave, NW Washington, D.C. 21527 Phone: 202-336-8470 E-mail: Johnnie.Smoots-Little@opic.gov.

The responsibilities and limitations of the COR are as follows:

a. The COR is responsible for the technical aspects of the project and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified in the task order contract.

mailto:Trenescia.Cowans@opic.gov mailto:Johnnie.Smoots-Little@opic.gov

b. The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes, which affect the Contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR.

No such changes shall be made without the expressed prior authorization of the Contracting Officer. The COR may designate assistant COR(s) to act for the COR by naming such assistant(s) in writing and transmitting a copy of such designation through the Contracting Officer to the Contractor.

ADDITIONAL PROCEDURES FOR INVOICING

The Federal Register, Page 52591, Volume 64, No. 188, dated September 29, 1999, requires that submitted invoices must include specific information in order for the Government to make payment. Additionally, the Overseas Private Investment Corporation has supplemented these requirements. Contractors may use Standard Form 1034 – Public Voucher for Purchases and Services Other than Personal (Part 53 of the Federal Acquisition Regulation under FAR 53-301-1034) or they may submit a company-generated voucher. However, no matter what type of voucher is submitted, it must contain the information described below.

PROPER INVOICE INFORMATION

• Name and Address of Contractor

• Contact Name, Title and Telephone Number

• Government Issued Contract Number or Other Authorization for Delivery of Goods or

Services

• Date of the Invoice

• Invoice Number, Account Number, and/or any other identifying number agreed to by the contract (At a minimum there must be an invoice number)

• Include the Actual date when services were performed or goods delivered.

• Include the Period of Performance on all invoices.

• Description – Including, for example, contract or task order line/subline number, price, and quality of goods and services rendered.

• Include discount terms.

• Other substantiating documentation or information required by the contract.

• Shipping and Payment Terms (Required unless mutually agreed that this information is only required in the contract – Contact the Contracting Officer or Contract Specialist for clarification)

INVOICE RECIPIENTS

Send invoice electronically to the Government Official receiving supplies/services: Johnnie.Smoots- Little@opic.gov.

RESTRICTIONS AGAINST DISCLOSURE

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

Officer in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement.

The Contractor agrees that it will not disclose any information described in paragraph 1 of this section to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

DUPLICATION OF EFFORT

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

REGULATORY NOTICE

Contractors are advised that certain provisions and clauses identified throughout this contract are not FAR provisions or clauses; however, all of these items are binding for this acquisition.

NOTIFICATION OF INTENT TO SUBCONTRACT

As required in FAR 44.201-1, the contractor shall notify the Contracting Officer of its intent to subcontract any portion of the contract requirements. The Government reserves the right to recommend potential sources for subcontracts to whom solicitations must be mailed during the performance of this contract.