RFQ 20343121Q0003 English.pdf

March 08, 2021

SUBJECT: INTER-AMERICAN FOUNDATION (IAF) GRANT COMPLIANCE AUDIT SERVICES FOR

ECUADOR

Potential Offerors:

Attached is the Bureau of the Fiscal Service solicitation #20343121Q00003 for grant compliance Audit Services in Ecuador, on behalf of the Inter-American Foundation (IAF).

The Government prefers the proposal to be submitted in English, however we will accept either English or Spanish. Pricing must include rates in US dollars.

INSTRUCTIONS TO APPLICANTS

A complete application shall include the following items:

1. SF 1449 Solicitation/Contract/Order for Commercial Items - Page one of the form completed and signed by the Offeror (Blocks 30a, 30b, and 30c.).

2. Technical proposal - This should include information sufficient so as to demonstrate a thorough understanding of the auditing services requirements, as outlined in the Performance Work Statement (PWS). The proposal should also include the curriculum vitae of the proposed personnel.

3. Pricing proposal - This shall include fixed prices for Orientation/Initial Assessments and fixed prices for Audits, and hourly rates for Other Optional Services, for the base year and each option year.

Note: The auditor for Ecuador should anticipate that his or her workload will be proportional to the size and activities of the Ecuador grant portfolio and will correspond to the needs of the agency and may increase or decrease according to any portfolio changes. Fluctuations in the portfolio will affect the workload and amount paid under this contract.

4. References – Provide at least two current client references, to include a brief description of the work provided, as well as the contact name, current address, current phone number and current email address of each reference. Contractor shall send Attachment D to each listed reference and direct each client to send the completed Attachment D to purchasing@fiscal.treasury.gov and reference #20343121Q00003, Audit-Ecuador Proposals, Attn: Matthew Richards/Mindy Wargowsky/David Holbert in the subject line.

Responses must be received no later than the closing date of this solicitation, April 12, 2021.

5. Attachment F – Include signed copy of Declaration of Independence and Conflict of Interest Statement.

PROPOSAL SUBMISSION:

Electronic proposals shall be submitted to purchasing@fiscal.treasury.gov, no later than 2:00 pm ET on April 12, 2021 to be accepted, and must reference the solicitation #20343121Q00003 Audit-Ecuador Proposals, Attn: Matthew Richards/Mindy Wargowsky/David Holbert in the subject line. Proposals received after this deadline are late and will not be considered. It is the responsibility of the Offeror to verify receipt of their proposal.

QUESTIONS REGARDING THE SOLICITATION:

Any questions regarding this solicitation shall be submitted no later than 2:00 pm ET on March 12, 2021. We cannot assure an answer to questions submitted after this deadline. Questions shall be submitted in writing to mailto:purchasing@fiscal.treasury.gov purchasing@fiscal.treasury.gov, and must reference the solicitation #20343121Q00003 - Questions/Audit- Ecuador, Attn: Matthew Richards/Mindy Wargowsky/David Holbert.

Please adhere to RFP ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS beginning on page 32. The instructions regarding the submission of proposals shall be adhered to absolutely.

Offerors shall initiate SAM registration prior to proposal submission. Completion of SAM registration is required prior to award.

Prospective offerors are cautioned against discussing the preparation of their proposal or asking questions to anyone other than the Bureau of the Fiscal Service Procurement Division. Discussions with anyone other than the Bureau of the Fiscal Service Procurement Division concerning the requirements, the documents incorporated by reference, pricing, or any technical matters are strictly forbidden. Verification of any such improper conduct may result in immediate rejection of the offeror’s proposal. Accordingly, all communications prior to award shall be directed via email to purchasing@fiscal.treasury.gov.

You are strongly encouraged to request a secure email to reply to if any of your documents contain PII and cannot be removed effectively.

Please send an email to purchasing@fiscal.treasury.gov referencing “#20343121Q00003, Audit-Ecuador Proposals – Encryption Request Attn: Matthew Richards/Mindy Wargowsky/David Holbert” - at least 24 hours before the request closes, to request that an encrypted email message be sent to you from our agency. If you submit a request after that time, there is no guarantee that we will respond or that you will be able to go through the process to submit your response on time for the Government to consider. Once you receive the encrypted email, then you will need to open it by creating an account. Once you create an account, then you can respond to our agency’s encrypted email, which will then automatically encrypt your email response and any attachments to it for only the Government to view.

If you have any questions, please contact purchasing@fiscal.treasury.gov, with the subject line “Question for 20343121Q00003 Audit-Ecuador Proposals, Attn: Matthew Richards/Mindy Wargowsky/David Holbert .”

FOREIGN PII SPECIAL NOTICE

Please be aware that if you email documents containing personally identifiable information (PII), the information may not be secure, and your email may be intercepted or otherwise viewed against your wishes.

Examples of PII are, but not limited to, education attainment documents that contain the individual’s name and home address, financial transactions, medical history, and criminal or employment history and information;

which can be used to distinguish or trace an individual’s identity, such as their name, social security number, national ID number, date and place of birth, mother’s maiden name, biometric records, photograph, physical home and/or email address, phone number, driver’s license, etc., including any other personal information which is linked or linkable to an individual.

Please:

1. DO NOT send by email a copy of an identification card with a photograph such as a driver’s license, national identification card, or passport, etc. with your response.

2. DO NOT include your physical and mailing address, etc. in your Cover Letter, Curriculum Vitae (CV), Resume, body of the email, and supporting Education Diploma or Training Certificates in your response.

Please mark out with permanent black marker your physical or mailing address only in your Education Diploma or Training Certificates.

Your name still needs to be on all of the above documents.

mailto:purchasing@fiscal.treasury.gov mailto:purchasing@fiscal.treasury.gov

The Government may request a hard copy of one (1) or more of the aforementioned items as proof in a later phase of the Evaluation Process and as part of the security background check after award.

Thank you for your interest in participating in this solicitation.

Sincerely, David Holbert Contracting Officer

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

FSA-PARKERSBURG

200 Third Street Avery 5F Division of Procurement Bureau of the Fiscal Service

IAF CODE 16. ADMINISTERED BYCODE

X

X

541211

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFSA-MRICHARDS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/12/2021 1400 ET

03/08/2021

DAVID HOLBERT

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

20343121Q00003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 51 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Parkersburg WV 26101

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20004

1200 NORTH

1331 PENNSYLVANIA AVE NW

IAF

15. DELIVER TO

PARKERSBURG WV 26101

Attn: M. Richards 200 Third Street Avery 5F Division of Procurement

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$22.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BUREAU OF THE FISCAL SERVICE

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The purpose of this solicitation is to procure Grant Compliance Audit Services for Ecuador, in support of the Inter-American Foundation, for a 5-year period of performance in accordance with the attached documents.

The award is intended to result in a 60-month Indefinite-Delivery/Indefinite Quantity (IDIQ) contract with firm fixed price task orders issued annually or as needed, with fixed Audit fees and fixed hourly rates for Optional Services. An

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

DAVID L. HOLBERT

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Economic Price Adjustment clause is included.

0001 Grant Audit Services for Ecuador, for five years.

Fixed price task orders will be issued annually

(see Attachment E-Price Sheet).

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

51 2 of

20343121Q00003 3

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any _____. [insert regulation name] (48 CFR _____) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (OCT 2018)

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (OCT 2018) (DEVIATION 2017- 00001)

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

https://www.acquisition.gov/far

20343121Q00003 4

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract.

Further, any violation of this clause may be considered during the evaluation of past performance.

52.216-4 Economic Price Adjustment-Labor and Material (Jan 2017)

(a)The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b)Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause. The Contracting Officer shall modify this contract (1)to include the price adjustment and its effective date and (2)to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c)Any price adjustment under this clause is subject to the following limitations:

(1)Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule. There shall be no adjustment for-

(i)Supplies or services for which the production cost is not affected by such changes;

(ii)Changes in rates or unit prices other than those shown in the Schedule; or

(iii)Changes in the quantities of labor or material used from those shown in the Schedule for each item.

20343121Q00003 5

(2)No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3)There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

(4)The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d)The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

52.216-18 ORDERING (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through ____________.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered ``issued'' when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _____________, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of _____________;

(2) Any order for a combination of items in excess of ______________; or https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7

20343121Q00003 6

(3) A series of orders from the same ordering office within _____________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the

Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________.

CONTRACT MINIMUM AND MAXIMUM

(a) The minimum amount the Government is obligated to order during the term of the contract is ________.

(b) The maximum amount of the contract will be established at time of award.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days 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 prior to the expiration of each contract period; provided, that the Government gives the Contractor a preliminary written notice of its

20343121Q00003 7 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

Sixty (60) months.

52.225-14 Inconsistency Between English Version and Translation of Contract (Feb 2000)

In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ . It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (April 2018) (DEVIATION 00002)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/

20343121Q00003 8 or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting

Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (FOREIGN BANK ACCOUNT)

For Payment and Invoice questions, contact Accounting Services Division, Pensions, Grants and Loans branch at 304-480-8300 or via email at ForeignMisc@fiscal.treasury.gov. Invoices shall be submitted via email to ForeignMisc@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

PERFORMANCE EVALUATION

This award is subject to a performance evaluation via the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov. Following the end of each 12 month performance period and at completion, a http://www.ipp.gov/ mailto:ForeignMisc@fiscal.treasury.gov mailto:ForeignMisc@fiscal.treasury.gov

20343121Q00003 9 completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer. The final evaluation of the Contractor’s performance is the decision of the Contracting Office. The final performance evaluation will be available to the Contractor through the Government’s past performance database at https://www.cpars.gov/.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (OCT 2020) (DEVIATION APR 2020) [(DEVIATION

00001 JUL 2020)]

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115–91)

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 items:

☒ (1) 52.203-6 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13 Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C.

3509)).

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

Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (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).

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

Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (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).

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☐ (10) [Reserved] ☐ (11)(i) 52.219-3 (i) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (Mar

2020) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-3 ☐ (12)(i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (13) [Reserved] ☐ (14)(i) 52.219-6 Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

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

(iii) Alternate II (Nov 2011).

☐ (15)(i) 52.219-7 Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

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

☐ (iii) Alternate II (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 (JUN 2020) (15 U.S.C. 637(d)(4))

(DEVIATION 2018-00002).

☐ (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 (JUN 2020) (DEVIATION 2018-00002) 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 (Mar 2020) (15 U.S.C. 637(a)(14)).

☐ (20) 52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

☐ (21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657 f).

☐ (22)(i) 52.219-28 Post Award Small Business Program Representation (MAY 2020) (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 (EDWOSB) Concerns (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(m)).

☐ (25) 52.219-32 Orders Issues Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33 Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637 (a)(17)).

☐ (27) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

☐ (28) 52.222-19 Child Labor—Cooperation with Authorities and Remedies [(Deviation

00001) JUL 2020)] (E.O. 13126).

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

☒ (30)(i) 52.222-26 Equal Opportunity (Sept 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).

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☐ (ii) Alternate I (JULY 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 (JULY 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 (OCT 2020) (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 (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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 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 (Jun 2014) 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 Aerosoles (JUN 2016) (E.O. 13693).

☐ (46) 52.223-21 Foams (JUN 2016) (E.O. 13693).

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

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

☐ (48) 52.225-1 Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

☐ (49)(i) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act [(Deviation

00001)(JUL 2020)] (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, (19 U.S.C. chapter 29 (sections 4501-4732,)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 112-43212-3.

☐ (ii) Alternate II Alternate II [(Deviation 00001)(JUL 2020)] of 52.225-3.

☐ (iii) Alternate III Alternate III (May 2014) of 52.225-3.

☐ (50) 52.225-5 Trade Agreements [(Deviation 00001)(JUL 2020)] (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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☒ (51) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (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. 2302 Note).

☐ (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 (Nov 2007) (42 U.S.C. 5150).

☐ (55) 52.229-12 Tax on Certain Foreign Procurements (Jun 2020) ☐ (56) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505, 10 U.S.C. 2307(f)).

☐ (57) 52.232-30 Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☒ (58) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(Oct 2018) (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) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(DEC 2013)(DEVIATION APR 2020)(31 U.S.C. 3903 and 10 U.S.C.

2307).

☐ (62) 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (63) 52.242-5 Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.

637(d)(13)).

☐ (64)(i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (FEB 2006) 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 items:

☐ (1) 52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☐ (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).

☐ (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) (29 U.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).

☐ (7) 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015).

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☐ (8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

☐ (9) 52.226-6 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, and does not contain the clause at 52.215-2, Audit and Records— Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of…