REQ-601-22-0013 - Combined Synopsis - Solicitation Political Risk Insurance v1.pdf

U.S. International Development Finance Corporation (DFC)

Office of Development Policy (ODP)

Project Title: Capital Mobilization Impacts Resulting from DFC’s Political Risk Insurance

Product

Combined Synopsis/Solicitation

1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. The solicitation number is REQ-601-22-0013. This solicitation is issued as request for quotation (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC2022-03). The associated NAICS code is 541611.

4. Services/ CLIN’s

CLIN Description Quantity Contract Type Price

0001 Political Risk

Insurance

Professional

Services

1 FFP $

5. Description of requirements:

The United States International Development Finance Institution (“DFC”) is seeking the services of a vendor to conduct an analysis of the effectiveness of DFC’s political risk insurance (“PRI”) and reinsurance products in mobilizing private capital to achieve positive developmental impacts.

The G7 Impact Taskforce identified real and perceived political and macro-economic risks as key constraints to private investment in lower income countries. As such, DFC is seeking to derive lessons learned to support and/or enhance the tool’s effectiveness in driving private capital to achieve positive development impacts. The analysis will include an assessment of the role DFC’s

PRI and reinsurance products have in mobilizing private capital from approximately 14 projects that span several geographies and sectors (see Annex).

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.acquisition.gov%2Ffar%2Fsubpart-12.6%23FAR_Subpart_12_6&data=05%7C01%7COmar.Mohamed%40dfc.gov%7C4a3b7051ea98478e89fb08da4a17b7c8%7C5c1c8aa797324c2288c5b30c9245f282%7C0%7C0%7C637903762965514796%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=GJPZeulhRbph0Rd1DcQvE0bTORcyEa8E0iw3mxbB7lA%3D&reserved=0

6. The estimated period of performance is 9 months from date of award.

7. Provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial

Services, applies to this acquisition.

8. Provision at 52.212-2, Evaluation-Commercial Products and Commercial Services is applicable to this solicitation. The evaluation factors are:

a. Technical capabilities

b. Project Management and Corporate Support Capability

c. Past Performance

d. Price

Technical and past performance when combined are more important than price.

9. Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer.

10. Clause at 52.212-4, Contract Terms and Conditions-Commercial Products and

Commercial Services, applies to this acquisition.

11. Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or

Executive Orders-Commercial Products and Commercial Services, applies to this acquisition.

12. There are no additional contract requirements such as contract financing arrangement or warranty requirements.

13. Defense Priorities and Allocations System (DPAS) is not applicable.

14. Offers are due by August 3, 2022 at 3:00 pm EST to Omar Mohamed at

Omar.Mohamed@dfc.gov

15. The POC for this requirement is Omar Mohamed and can be contacted at omar.mohamed@dfc.gov mailto:Omar.Mohamed@dfc.gov mailto:omar.mohamed@dfc.gov

Statement of Work

Capital Mobilization Impacts Resulting from DFC’s Political Risk Insurance Product

1. BACKGROUND

The U.S. International Development Finance Corporation (DFC) is financing solutions to the most critical challenges facing the developing world today. Working together with businesses, we mobilize private capital to invest in projects that create jobs and opportunity in emerging markets, including building critical infrastructure, expanding access to telecommunications, and providing small business financing for women entrepreneurs. Launched in 2019, DFC helps to advance

America's foreign policy by partnering with projects that create economic stability, protect sovereignty, and ensure transparency. DFC investments adhere to high U.S. business standards and respect the environment, human rights, and worker rights.

2. SCOPE

The United States International Development Finance Corporation (“DFC”) is seeking the services of a vendor to conduct an analysis of the effectiveness of DFC’s political risk insurance (“PRI”) and reinsurance products in mobilizing private capital to achieve positive developmental impacts.

The G7 Impact Taskforce identified real and perceived political and macro-economic risks as key constraints to private investment in lower income countries. As such, DFC is seeking to derive lessons learned to support and/or enhance the tool’s effectiveness in driving private capital to achieve positive development impacts. The analysis will include an assessment of the role DFC’s

PRI and reinsurance products have in mobilizing private capital from approximately 14 projects that span several geographies and sectors (see Annex).

Applicable frameworks

The assignment is required to consider the following reference frameworks:

• OECD’s Methodologies to Measure Amounts Mobilized from the Private Sector

3. Key Task: PRIVATE CAPITAL MOBILIZATION ASSESSMENT

The assessment shall evaluate the effectiveness of DFC’s PRI and reinsurance products in mobilizing private capital by:

1) Conducting a literature review on studies pertaining to the effectiveness of PRI and reinsurance products that are available in the market that aim to mobilize provide capital to achieve positive development results,

2) Conducting a landscape analysis of the PRI and reinsurance sector that identifies key private and public players, DFC’s competitive advantages, and obstacles to DFC doing more,

3) Conducting interviews with DFC staff to understand DFC’s PRI and reinsurance products and selected projects in its portfolio,

4) Conducting interviews with DFC-supported investors, insurers, and brokers to gain an understanding of the impact of DFC’s PRI product in mobilizing private capital,

5) Collecting investment data to assess how much capital was mobilized as a result of

DFC’s PRI and reinsurance (aligned with OECD’s capital mobilization methodology to the extent feasible),

6) Compiling actionable lessons learned and/or recommendations for the Corporation to utilize its PRI and reinsurance products more strategically.

Deliverables

1. The contractor shall provide Internal Report’s to DFC leadership and staff on its findings on the Effectiveness of DFC PRI and Reinsurance in Mobilizing Private Capital. After finalizing the research, data compilation, interviews, and analysis of mobilization impacts, the contractor shall develop a workplan for the submission of a first and final draft, with time built in for DFC to provide feedback and the contractor to make revisions. At a minimum, the report should include:

• Executive Summary

• Introduction

• Literature Review Overview: Synopsis of literature review that describes financial structures, including PRI and reinsurance, that intend to mobilize private capital into markets where real and perceived macroeconomic and political risks constrain investment

• PRI and Reinsurance Sector Analysis: Landscape analysis of the PRI market that includes, to the extent feasible:

o An assessment of the total amount of PRI provided in countries which the

World Bank classifies as upper middle income, lower middle income, and low income (excluding export credit insurance and any reinsurance of export credit agreements) o An assessment of total PRI provided by primary insurers without reinsurance from public insurers, such as DFC or MIGA.

o An assessment of how much PRI is done through brokers o An assessment of how much of the PRI is issued for corporate blanket policies, and how much is issued for greenfield projects and expansion of brownfield projects o An assessment of the maximum term of initial insurance contract (regardless of any potential renewals) o An assessment of private insurer requirements for projects to comply with international environmental, social, and governance standards, such as the IFC

Performance Standards.

o An assessment of DFC’s competitive advantage and/or gaps in the market that

DFC is well-positioned to fill.

• Assessment of DFC’s Mobilization Results: Assess the effectiveness of DFC PRI and reinsurance products in mobilizing private capital for each selected project in the portfolio (see Annex), including the amount that was mobilized (using OECD’s

Methodologies to Measure Amounts Mobilized from the Private Sector to the extent feasible) and testaments from DFC clients (investors, insurers, and brokers)

• Recommendations on how the Corporation can more strategically employ its PRI and reinsurance products to mobilize capital to achieve positive developmental outcomes

2. Summary Report of Findings and Recommendations. This document will pull the main take-aways from the Internal Report in a format that enables DFC leadership to quickly identify recommendations going forward.

3. PowerPoint Presentation: The contractor shall prepare a PowerPoint presentation based on its findings that will be presented to DFC leadership and staff.

4. External Report and Presentation: The contractor shall derive a public-facing report and presentation after finalizing the Internal Report and PowerPoint Presentation.

5. The contractor shall present its findings to DFC staff and co-host webinars with DFC on mutually acceptable dates following the completion of the Internal Report

4. PERIOD OF PERFORMANCE

The anticipated period of performance is 9 months from date of award.

5. CONTRACT TYPE

The anticipated contract type is firm-fixed-price (FFP)

6. TRAVEL

Travel is not anticipated for this requirement.

7. KEY PERSONNEL

The key personnel specified in the contractor’s proposal and/or contract is considered to be essential to work performance. At least 30 days prior to diverting any of the specified individuals to other programs or contracts (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employ of the Contractor), the Contractor shall notify the

Contracting Officer and shall submit comprehensive justification for the diversion or replacement request (including proposed substitutions for key personnel) to permit evaluation by the Government of the impact on performance under this contract. The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the

Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced.

The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the consent on substitutes. No change in fixed unit prices may occur as a result of key personnel substitution. The Contractor shall not divert or otherwise replace any key personnel without the written consent of the Contracting Officer. The Government may modify the contract to add or delete key personnel at the request of the contractor or Government.

8. QUALIFICATIONS

The contractor should have strong expertise in analyzing financial structures and products offered by development finance institutions and other impact investors that are intended to mobilize private capital to achieve positive development results.

At a minimum, the contractor team must include experts that focus on the topics of development finance with at least 5 years’ experience in conducting research on PRI or risk mitigation instruments, blended finance, or other approaches to mobilizing private capital. When required, the contractor shall deploy additional local and thematic experts and support staff.

The team experts are expected to have strong analytical and report writing and presentation skills.

The team shall be fluent in English as all communication and deliverables will take place in

English.

9. DATA RIGHTS

The contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. 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 not to disclose any information concerning work under this contract 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

10. PERFORMANCE REQUIREMENT MEASURES

The Government reserves the right to review all work products required under the contract for acceptability as needed. The Government shall notify the contractor whenever revisions to reports/deliverables are required for the deliverables to be deemed acceptable.

ANNEX

Country Sector Description

Burundi Energy Construction and operation of a 7.5 MW solar photovoltaic plant

India Energy Wind energy production in the State of Tamil Nadu and Maharashtra

Jamaica Energy 20 MW solar photovoltaic power facility

Jamaica Energy A 36.3MW wind power project

Jordan Energy 24MW photovoltaic plant

Kenya Energy Reinsurance for wind farm

Senegal Energy 30 MW solar IPP

Senegal Energy 29.5 MW grid-connect solar PV plant

Senegal Energy 158.7 megawatt wind farm

Zambia, Tanzania, Namibia

Agriculture/Food

Processing

Investment Fund focused on agricultural businesses in

Africa.

Egypt, Jordan, Pakistan

Financial Services Blanket coverage for branches located in Egypt, Jordan and Pakistan

Hungary, Romania Turkey, Ukraine

Financial Services Blanket coverage for branches located in Hungary, Romania, Turkey, and Ukraine

Ukraine Oil and Gas Expansion of a previously insured gas storage, transportation, and trading business.

Belize Conservation Debt for nature swap that is expected to result in the placement of 30% of Belize’s ocean within Biodiversity

Protection Zones.

Instructions to Offerors

1. The Government will award a contract resulting from this solicitation to the responsible

Quoter whose Quote conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate

Quotes:

FACTOR I: TECHNICAL.

Subfactor 1: Technical Capabilities:

The quoter shall demonstrate a clear understanding of the performance work statement or specification and their ability to successfully perform the services required by the SOW.

Subfactor 2: Project Management and Corporate Support Capability:

The quoter shall demonstrate a clear management approach and reflect a clear understanding of the project task and deliverables.

Subfactor 3: Past Performance: The quoter shall demonstrate a successful past performance of the offeror as evidenced by the completion of similar research on the political risk insurance product and market and/or other financial tools and structures intended to mobilize private capital in developing countries that was conducted on behalf of other development finance institutions

PRICE. Proposed price will be reviewed to determine if the quote is adequate, complete, and reasonable. The price evaluation will be conducted for each quote to ensure completeness. Price shall reflect fair market value and be reasonable when compared to the Independent Government

Estimate, current market prices for same or similar services, and/or when compared among other quotes.

2. Technical and past performance, when combined, are more important than price. Therefore, award may be made to other than the lowest-price Quoter.

3. The Government may make award based on initial offers received, without discussion of such offers. Accordingly, the offeror’s initial quotation should contain the offeror’s best terms from a price and technical standpoint

4. Once the government determines the contractors that are the best‐suited (i.e., the apparent successful contractors), the government reserves the right to communicate with only those contractors to address any remaining issues, if necessary, and finalize a task order with that contractor. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best‐suited contractor based on the original analysis and address any remaining issues.

5. Offerors shall provide sufficient information for the Government to determine its level of confidence in the ability of the Offeror to perform the requirements of the solicitation based on an assessment of relevant experience from the contractor.

6. SAM Registration - All offerors must have an active registration in System for Award

Management (SAM) at time of award in order to be eligible for contract award. All offerors responding to this solicitation must meet all standards required to conduct business with the government, including active registration in SAM and be in good standing. All qualified responses will be considered by the government. In addition to providing pricing each quote must include vendor's CAGE/Unique Entity Identification Number (UEIN), federal tax number, and must include point of contact information.

7. Formatting for response:

The specified format for the Technical Volume and Cost/Price Volume is:

(1) Volume 1 technical response shall contain:

• Quoters Name

• Physical Address

• DUNS Number

• Cage Code

• Point of Contact with phone number and email address

• Technical and Past Performance Response

• No more than (40) forty pages for technical and past performance

(2) Volume 2 price response shall contain:

• Price quotation

• No more than (10) pages for price

(3) Pages must be standard 8 ½” by 11” size and the font must be 12-point Times New

Roman. The font size for tables, figures, and graphics must be 8 point or larger and must be Times New Roman or Arial font.

(4) Margins must be one inch at top/bottom and left/right of each page. Pages must not be reduced form. Headers and footers may be included in the margins.

(5) Paragraph line spacing must be single spaced.

Do not include cost/pricing information in your technical submittal.

Clauses incorporated by reference:

Article Number Reference Text

52.212-1 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services

(NOV 2021)

Evaluation Factors

Volume I – Technical

1. Technical Capabilities - The proposal should address in writing each service offered for the required in sufficient detail to demonstrate a clear understanding of the performance work statement, including identifying any areas where the offered service exceeds or does not meet the specifications i.e. conformance quality, or degree to which the service produced meets or exceeds the SOW. Offerors must submit evidence demonstrating expertise in analyzing financial structures and products (specifically political risk insurance) offered by development finance institutions and other impact investors that are intended to mobilize private capital to achieve positive development results. Offerors must submit a proposal of services offered and examples of similar services provided to other DFIs and private impact investors.

2. Project Management and Corporate Support Capability - The government wants to see how well your management approach reflects a clear understanding of the project tasks and deliverables. The management approach includes a high level project management plan (also known as a project plan) that (1) outlines how your project team will deliver the service; and (2) defines how the project will be executed, monitored, and controlled. It is a roadmap for your project, and it guides how you execute and control the project. The primary uses of the project plan are to document planning assumptions and decisions; facilitate communication among stakeholders; and document approved scope, cost, and schedule baselines.

A project plan may be summarized or detailed but it needs to describe your execution, management, and control of the project. The project plan should address the following elements:

▪ Scope Management

▪ Schedule Management

▪ Quality Management

▪ Resource Management

▪ Communications Management

▪ Project Change Management

▪ Risk Management

Past Performance – Demonstrate successful past performance of the offeror as evidenced by the completion of similar research on the political risk insurance product and market and/or other financial tools and structures intended to mobilize private capital in developing countries that was conducted on behalf of other development finance institutions. The offeror must provide a description or sample of research reports or deliverables under previous contracts that would be pertinent to establish your firm’s capabilities to perform under this requirement. The offeror’s past performance will be evaluated based on the information obtained through CPAR’s and the

Past Performance Questionnaire and any other information obtained those references may be able to provide to the Government.

Past performance information – Provide a minimum of 3 recent references:

*To be considered recent work must have been completed within the past (5) five years.*

• Name of client organization

• Project name and contract/task order number

• Brief description of support provided

• Total period of performance, dates, and total cost/price

• Number of contractor personnel assigned to the project, by skill category

• Name and title of client’s technical POC.

• Telephone number and email for clients technical POC

Volume II – Price

The price proposal should provide a Firm Fixed Price (FFP) quote for the required CLIN items and discounts. The Quoter shall include any potential discounts and identify what the discount is.

The quoter is responsible for determining the level of effort and the mix of labor categories to perform a specific task being ordered. The quoters supporting narrative shall include breakdown of labor categories and rates.

Clauses:

52.212-2 Evaluation-Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical capabilities, Project Management and Corporate Support Capability, Past Performance and Price. Technical and past performance, when combined, are significantly more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt unless a written notice of withdrawal is received before award.

(End of provision)

Clauses:

Clauses incorporated by reference

Article Number Reference Text

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

(NOV 2021)

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

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (OCT 2020)

52.229-11 Tax on Certain Foreign Procurements - Notice and Representation (JUN 2020)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

Clauses incorporated by full text

(End of clause)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it

"does not provide covered telecommunications equipment or services as a part of its offered products or services to the

Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and

Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representation. The Offeror represents that-

(1) It _ will, _ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

and item description, as applicable); or

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

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

(i) For covered equipment-

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

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

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

(ii) For covered services-

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

and item description, as applicable); or

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

(End of provision)

52.209-7 52.209-7 Information Regarding Responsibility Matters (OCT 2018)

(a) Definitions. As used in this provision-

"Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals

Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the

Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

"Federal contracts and grants with total value greater than $10,000,000" means-

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror _ has _ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System

(FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

IPP-001 IPP-001. Electronic Invoicing and Payment Requirements – Invoice Processing

Platform (IPP)

Payment requests must be submitted electronically through the U.S. Department of the

Treasury's Invoice Processing

Platform (IPP) system or any successor site using the "Bill to Agency" of U.S. International

Development Finance Corporation

- DFC.

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR

32.905(b), "Content of Invoices" and the applicable Payment clause included in the contract, or the clause 52.212-4 Contract

Terms and Conditions.

Commercial Items included in commercial item contracts. The IPP Homepage can be accessed at: www.IPP.gov.

New suppliers to IPP should contact DFC contracting officer. DFC will set up the supplier in

IPP. The Contractor

Government Business Point of Contact (as listed in SAM) will receive two registration emails from IPP with log in instructions prior to the contract award date, but no more than 5 - 7 business days after contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk Monday through Friday

8:00-6:00 EDT (except federal holidays) via email at:IPPCustomerSupport@fiscal.treasury.gov or by phone at (866) 973-

3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the

Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

ONLY the Contracting Officer may authorize alternate procedures in writing in accordance with

Treasury procedures.

(End of Custom Clause)

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 15 Days.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov

2015).

(5) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-

77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with

Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_x_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41

U.S.C. 3509)).

_x_ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

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

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_x_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15

U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)

( 15 U.S.C. 657a).

__ (13) [Reserved]

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

644).

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

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

644).

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C.

637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

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

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

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Sep 2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (

15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned

Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep

2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (

15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

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

_x_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(E.O.13126).

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

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

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

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

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

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29

U.S.C. 793).

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

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

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

__ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter

78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR

22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–

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

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42

U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

_x_ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for

Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42

U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and

Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_x_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

_x_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29

U.S.C. 206 and 41 U.S.C. chapter 67).

_x_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May

2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

_x_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (Jan 2022).

_x_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O.

13706).

_x_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun

2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this…