RFQ-IAF-15001-24-0008 English.pdf

RFQ-IAF-15001-24-0008

January 23, 2024

SUBJECT: INTER-AMERICAN FOUNDATION (IAF) MONITORING, EVALUATION, AND

LEARNING SPECIALISTS (MELS) SUPPORT FOR HAITI

Dear Potential Applicant, The Bureau of the Fiscal Service, on behalf of the Inter-American Foundation (IAF), is seeking applications from qualified citizens living in Haiti to provide services as a Monitoring, Evaluation, and Learning Specialist (MELS) Contractor under a Time and Materials Contract, as described in the following solicitation: “RFQ-IAF-15001-24-0008 MELS Support Services for Haiti.”

This contract will be awarded for a twelve-month Base Period and up to two (2), twelve-month Option Periods, which will be exercised at the discretion of the IAF. The Performance Work Statement (PWS) describes the job of the MELS Contractor. This document describes how to apply for the position and explains the selection process.

INSTRUCTIONS TO APPLICANTS

A complete application package shall include the following items:

1. A Cover Letter that demonstrates the applicant’s qualifications to perform each of the required work responsibilities identified in the PWS tasks.

2. A Curriculum Vitae (CV) that demonstrates the applicant has the required qualifications identified in the PWS.

3. Attachment D - A list of three (3) references, including their title, affiliation, and contact information (telephone number, and if available, email).

4. A copy of the applicant's educational diploma(s) in social science, international development, rural development, economics, or a related field, mentioned in the CV.

5. A writing sample, in Haitian Creole, consisting of a response to the following prompt:

IAF grantees are resourceful and creative in their projects to expand economic opportunities and improve governance and peacefulness in their communities. The IAF is committed to helping grantees learn from their experiences so that grantees have greater confidence that their projects deliver their intended results.

Please describe one possible approach that the IAF could use in helping grantees learn from their projects that draws from your experience. Be as specific as possible in your answer, describing the kind of grassroots organization you worked with, the approach you used, and the benefits of this approach for the organization. Limit your answer to one page, single-spaced, using 12 Times New Roman font and one-inch margins.

6. A written response, in French, to the following question:

Given the current context and security environment in Haiti, it is not feasible to travel long distances. This makes implementing in-person visits to grantees difficult. To provide monitoring services to the Haiti portfolio of grants, the MELS will have to coordinate with a team of assistants to reach grantees throughout the country.

Please provide a proposal as to how you will recruit and manage a monitoring team to implement monitoring services. Please respond in detail as to how in-person and virtual visits will be coordinated with the team. Provide specific examples of challenges that can be faced in the coordination and implementation of in-person and virtual monitoring visits and how you would address each challenge. Additionally, include how the grantee monitoring data will be collected and analyzed. Limit your answer to one page, single-spaced, using 12 Times New Roman font and one-inch margins.

7. A pricing proposal using “Attachment A - Pricing Sheet” of the solicitation. The Offeror shall propose a fixed daily rate (in U.S. dollars) for MELS services. This proposal should not include reimbursable travel costs, such as meals, lodging, and transportation. The IAF will follow guidance for local compensation based on U.S. Embassy rates, which had a maximum of US$177.46/day at the time the IAF prepared this solicitation. The Government reserves the right to adjust the rate as needed at time of award to be in compliance with the then current maximum local compensation rate. IAF, through the Bureau for Fiscal Service, will assess pricing proposals with respect to this maximum rate and the applicant’s experience and technical rating.

The Pricing Sheet must be submitted in order for the application to be considered complete.

Applicants must submit all of the above items to be considered for the position. Please review your application carefully before submitting to ensure it is complete.

Applications are due no later than 10:00 AM EST Friday, February 16, 2024. They may be submitted in the dominant language of the applicant’s base country (Haitian Creole) follow these instructions:

● Write “RFQ-IAF-15001-24-0008 MELS Support Services in Haiti” on the cover letter, CV, and list of references.

● Use Microsoft Office compatible files or Adobe PDF. Other file extensions will not be accepted.

● Email your complete application to purchasing@fiscal.treasury.gov, with the subject line

“Application for RFQ-IAF-15001-24-0008 MELS Support Services in Haiti, Attn:

Marshall/Coffman.”

Only complete applications, submitted to the e-mail address above, by the established due date, will be considered.

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 “RFQ-IAF-15001-24-0008 MELS Support Services in Haiti” – Encryption Request Attn: Marshall/Coffman - on or before 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.

Questions are due no later than 10:00AM EST on Wednesday, February 07, 2024 and should be sent to purchasing@fiscal.treasury.gov, with the subject line “Question for RFQ-IAF-15001-24-0008 MELS Support Services in Haiti, Attn: Marshall/Coffman.”

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

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.

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 IAF. We look forward to reviewing your application.

Eric Marshall, Contracting Officer

SELECTION PROCESS

The IAF will evaluate applications in the following phases:

PHASE I – Initial Review The IAF will initially filter applicants to ensure they meet a minimum level of requirements (“go/no go factors”), below.

Go/No-Go Factors

Applicants will only be considered for the position if they:

1. Submit an application that is complete and on time.

2. Reside in Haiti with a full-time physical presence and legal status to operate in the country in which they will be working for the duration of the contract.

3. Demonstrate native fluency in the language in Haitian Creole and French, as reflected in the language used in the application itself and working experience in-country.

4. Possess at minimum a bachelor’s degree in social science, international development, rural development, economics, statistics, or other related fields.

5. Have at least five (5) years of professional field-based experience monitoring and/or evaluating international development programs. At least half of this experience must be in-country.

PHASE II - Required Qualifications

Applicants who meet these basic requirements will then be assessed according to the technical factors deemed essential for this position.

● Minimum of a bachelor’s degree in social science, international development, rural development, economics, or a related field. A master’s degree in those same areas is preferred.

● Minimum of five (5) years of relevant work experience in monitoring and/or evaluating development projects, ideally at the grassroots level (e.g., community organizations, local associations, farmer cooperatives, savings and loan associations, etc.).

● Experience in doing fieldwork in developing countries, particularly reviewing performance data, conducting interviews, and facilitating participatory research methods.

● Demonstrated understanding of grassroots development in practice, such as the nature of these organizations, what they set out to provide their communities, and how they work.

● Application (including writing sample) is well written, effectively structured, easy to read, consistently formatted, and free of grammatical and typographical errors.

● Strong oral and written French and Haitian Creole skills.

● Writing sample effectively addresses the prompt, is technically sound, and clearly articulated, reflecting an understanding of at least one possible approach to promoting learning with grassroots organizations.

● Professional demeanor and teamwork, as expressed through interview and references.

All applicants determined to be excellent or acceptable in PHASE II will be moved to PHASE III.

PHASE III – Interview

The Evaluation Panel reserves the right to only interview the most highly qualified candidates from Phase

II.

The IAF will interview the remaining applicants through videoconference and a standard set of questions to further assess the candidate’s capabilities to effectively serve as a MELS. Questions will assess the candidates’ understanding of grassroots development, how their skills and experience apply to the needs of the IAF, and how effective they communicate orally.

Interview

Questions asked during the interview will be consistent among applicants and relevant to the requirements as described in the solicitation and listed below.

1. Understanding of grassroots development: Demonstrates a sound understanding of grassroots development in theory (the advantages of locally led and collective action to addressing development challenges) and in practice (reflecting familiarity with grassroots efforts).

2. Relevance of skills and experience: Provides well-supported description of how their skills and experience would contribute to their effectiveness as a MELS, including in working with marginalized groups and with country teams.

3. Oral Communication Skills: Is clear, articulate, and congenial in how they express themselves throughout the interview.

4. Professionalism: Professional demeanor and teamwork, as expressed throughout the interview.

All applicants with favorable interviews will continue to Phase IV.

PHASE IV - Reference Check

The reference questions will be consistent for all past performance references and will be relevant to similar work performed in comparison to this requirement. A record of references contacted, questions asked, and responses received will be included with this worksheet as documentation supporting the chosen rating.

IAF will practice diligence to contact all references provided for applicants being considered for Award.

However, time will dictate the number of contacts made. If possible, at least 1 direct reference contact should be made for all applicants considered for the award.

An applicant must not receive any negative reference responses to receive further consideration for contract award.

All applicants with favorable past performances will continue to Phase V.

PHASE V – Pricing

The IAF will assess the candidates’ pricing proposals relative to guidance for local compensation based on U.S. Embassy rates.

Non-discrimination Clause

a. The Contractor will not discriminate against any end-user of the contract supplies or services (i.e., the beneficiaries of the supplies or services) in implementation of this award, such as, but not limited to, by withholding, adversely impacting, or denying equitable access to the supplies or services (benefits) provided through this contract on the basis of any factor not expressly stated in the award.

b. Per Executive Order 11246, the Contractor will not discriminate against any existing or potential subcontractor on the basis of race, color, sex, sexual orientation, gender identity, religion, and national origin. Per Section 503 of the Rehabilitation Act, the Contractor will not discriminate against any existing or potential subcontractor on the basis of disability. The Contractor shall abide by the requirements of 41 CFR 60-300.5(a) and not discriminate against qualified protected veterans.

c. The IAF prohibits both (1) employment related harassment based on sex (including pregnancy and gender identity), race, color, religion, age (over 40), disability, national origin, genetic information, sexual orientation, status as a parent, veteran status and reprisal; and (2) other harassing conduct that is detrimental to a safe and effective workplace, regardless if such conduct violates EEO law. Harassment is any verbal or physical conduct, based on race, color, religion, national origin, age, disability, sex (with or without sexual conduct), genetic information, or protected activities, that either results in a tangible employment action or is so severe and pervasive as to constitute an intimidating, hostile or offensive work environment.

The Contractor is prohibited from engaging in such conduct towards any existing or potential subcontractor, grantee or proponent beneficiary, grantee or proponent participant, organizational staff of a grantee or proponent, IAF staff, IAF contractors, or IAF interns in the implementation of this Contract. Instances of harassment should be reported to the IAF.

d. In employment advertising, the Contractor must state that it is an equal opportunity employer. Nothing in this clause is intended to limit the ability of the contractor to target activities toward the assistance needs of certain populations as defined in the contract. The Contractor must insert these provisions in all subcontracts under this Contract.

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 (NOV 2020)

(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.

https://www.acquisition.gov/far

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS. (ALTERNATE

II) (APR 2018) (DEVIATION 2016-00001)

(e) Definitions.

(2) 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-

(i) 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.

(ii) 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.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, Unauthorized Obligations, a n d Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause,

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) 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 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:

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

(ii) 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 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.

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercial supplier agreements - unenforceable clauses. When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, "this agreement" means the CSA:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the Government for the acquisition of the supply or service that necessitates a license (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in paragraph

(d) of this clause.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the Government. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the Government, will be resolved through paragraph

(d) of this clause; no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.

(C) Any audit requested by the commercial supplier or licensor will be performed at the commercial supplier’s or licensor’s expense, without reimbursement by the Government and must be performed within the parameters of the Government’s security procedures.

(D) The Contractor must notify the Contracting Officer of any audit request.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the underlying contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under paragraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price, as applicable, shall be deemed "confidential information." Issues regarding release of "unit pricing" will be resolved consistent with the Freedom of Information Act.

Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes;

provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1) of this clause, the language, provisions, or clause of paragraph (w)(1) of this clause shall prevail to the extent of such inconsistency.

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021) (Alternate I)

A time and materials or labor-hour contract is contemplated. As such, the following information is being provided.

(a) (4) Insert portion of labor rate attributable to profit.

(e) (1)(iii)(D) Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.

(i) (1)(ii)(D)

(1) Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’.”

(2) Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’.”

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.

(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 workday.

(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.”

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

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.

52.217-8 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 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 36 months.

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 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.

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/

(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 AND INVOICES

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 completed Government evaluation shall be forwarded to the Contractor. The Contractor http://www.ipp.gov/ mailto:ForeignMisc@fiscal.treasury.gov mailto:ForeignMisc@fiscal.treasury.gov may submit comments, if any, within the CPARS system during the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the final evaluation. 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 Agency. In the event of a dispute the evaluation will be reviewed at least one level above the Contracting Officer. The final performance evaluation report will be saved in 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 PRODUCTS AND

COMMERCIAL SERVICES (DEC 2023)

(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 Covered Entities (DEC 2023) (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) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3 Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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:

☐ (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. 4655).

☐ (2) 52.203-13 Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

(3)

(4)

52.203-15

52.203-17

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.)

52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

https://www.cpars.gov/ http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

☐ (5) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

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

☐ (6) [Reserved] ☒ (7) 52.204-14 Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

117, section 743 of Div. C).

☐ (8) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery

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

☒ (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

(Section 102 of Division R of Pub. L. 117-328).

☐ (10)

52.204-28

Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115- 390, title II).

☐ (11)(i) 52.204-30 Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

☐ (ii) Alternate I (DEC 2023) of 52.204-30.

☒ (12) 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).

☐ (13) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

☐ (14) [Reserved] ☐ (15) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (OCT

2022) ( 15 U.S.C. 657a).

☐ (16) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a)

☐ (17) [Reserved] ☐ (18)(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.

☐ (19)(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.

☐ (20) 52.219-8 Utilization of Small Business Concerns (SEP

2023) ( 15 U.S.C. 637(d)(2) and (3)).

☐ (21)(i) 52.219-9 Small Business Subcontracting Plan (SEP 2023)

( 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 2023) of 52.219-9.

☐ (22)(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.

☐ (23) 52.219-14 Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13

☐ (24) 52.219-16 Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

☐ (25) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (OCT 2022) ( 15 U.S.C. 657f).

☐ (26)(i) 52.219-28 Post Award Small Business Program Rerepresentation (SEP 2023) ( 15 U.S.C. 632(a)(2)).

☐ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (27) 52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

☐ (28) 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 (OCT 2022) ( 15 U.S.C. 637(m)).

☐ (29) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

☐ (30) 52.219-33 Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

☐ (31) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

☒ (32) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (NOV

2023) (E.O. 13126).

☒ (33) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

☒ (34)(i) 52.222-26 Equal Opportunity (Sept 2016) (E.O. 11246).

☐ (ii) Alternate I (FEB 1999) of 52.222-26.

☐ (35)(i) 52.222-35 Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

☐ (ii) Alternate I (JUL 2014) of 52.222-35.

☐ (36)(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.

☐ (37) 52.222-37 Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

☐ (38) 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act (DEC 2010) (E.O. 13496).

☒ (39)(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).

☐ (40) 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.)

☐ (41)(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 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.)

☐ (42) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (43) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/22.1803#FAR_22_1803 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9

☐ (44)(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.

☐ (45)(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.

☐ (46) 52.223-15 Energy Efficiency in Energy-

Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

☐ (47)(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.

☒ (48) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

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

☐ (49) 52.223-20 Aerosols (JUN 2016) (E.O. 13693).

☐ (50) 52.223-21 Foams (Jun2016) (E.O. 13693).

☐ (51)(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

☐ (52)(i) 52.225-1 Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

☐ (ii) Alternate I (OCT 2022) of 52.225-1.

☐ (53)(i) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act (NOV

2023) (19 U.S.C. 3301, 19 U.S.C. 2112, 19 U.S.C. 3805, 19 U.S.C.

4001, 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 112-43.

☐ ((ii) Alternate I Reserved] ☐ (iii) Alternate II (DEC 2022) of 52.225-3.

☐ (iv) Alternate

III

(NOV 2023) of 52.225-3.

☐ (v) Alternate

IV

(Oct 2022) of…