English Version 2.pdf

11/01/2023

SUBJECT: INTER-AMERICAN FOUNDATION (IAF) PROFESSIONAL LOCAL LIAISON ADVISORY

SERVICE (LLAS) IDIQ FOR BOLIVIA

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 Bolivia to provide Local Liaison Advisory Service (LLAS) under a Indefinite Delivery, Indefinite Quantity Contract (IDIQ), as described in the following solicitation: “RFQ-IAF-15000-23-0018 LLAS Support Service Bolivia”

This contract will be awarded for a twelve-month Base Period and up to four (4), twelve-month Option Periods, which will be exercised at the discretion of the IAF. The Performance Work Statement (PWS) describes the job of the LLAS 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 five (5) 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 signed Curriculum Vitae (CV) that demonstrates the applicant has the required qualifications identified in the PWS.

3. A list of three (3) references, including their title, affiliation, and contact information (telephone number and, if available, email). If there is no relevant past performance the candidate will receive a neutral rating for this factor.

4. A copy of the applicant's educational diploma(s) in community development, economics, sociology, or a related field, mentioned in the CV.

5. A pricing proposal using “Attachment E - Pricing Sheet” of the solicitation. This proposal should not include reimbursable travel costs, such as meals, lodging, and transportation. 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 by 11/15/2023 at 14:00 EST. They must be submitted in the official language of the applicant’s base country (Spanish) follow these instructions:

● Write “RFQ-IAF-15000-23-0018 LLAS Support Service Bolivia” 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-15000-23-0018 LLAS Support Service Bolivia, Attn: CE/BG”.

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-15000-23-0018 LLAS Support Service Bolivia” – Encryption Request Attn: CE/BG - 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.

mailto:purchasing@fiscal.treasury.gov

If you have any questions, please contact purchasing@fiscal.treasury.gov, with the subject line “Question for RFQ- IAF-15000-23-0018 LLAS Support Service Bolivia, Attn: CE/BG”, no later than 11/08/2023 at 14:00 EST.

SAM.GOV REGISTRATION

Offerors shall have an unexpired SAM.GOV registration and Unique Entity Identifier (UEI) before contract award may be made. It is highly recommended that offerors who do not have a valid SAM registration initiate the process prior to the solicitation due date listed above.

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.

Brigit A. Guinn, Contracting Officer mailto:purchasing@fiscal.treasury.gov http://sam.gov/

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. A CV/resume, written in Spanish, with the applicant’s signature on the last page

2. A one- to two-page cover letter demonstrating the ability to perform the required services as described in the PWS.

3. Reside in Bolivia and are able to legally work in the country at the time of award.

4. Possess a bachelor’s degree from an accredited university in community development, economics, sociology or a related field.

5. Have a minimum of ten years of professional field-based experience working in community-based development or in a combination of field-based community-based development (at least 5 years) and a combination of business development, economic development, monitoring and evaluation, and/or management of international development programs (additional 5 years). At least half of this experience (5 years or more) must be in Bolivia.

6. Demonstrate fluency in spoken and written Spanish.

PHASE II - Required Qualifications

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

1. A bachelor’s degree from an accredited university in community development, economics, sociology or a related field.

2. Native Spanish speaker.

3. Ability to travel throughout Bolivia, and other countries as required.

4. Demonstrated experience in coordinating and facilitating travel logistics and field-based events.

5. Competence with standard Microsoft Office Suite of computer programs – word, excel, etc.

6. Experience working directly with marginalized groups and/or community-based organizations in more than one country in Bolivia.

7. Experience working with community-based agricultural cooperatives, producer organizations, farmer organizations, small businesses, and/or NGOs that offer credit.

8. Experience managing stakeholder relationships, especially in a grants management or international development context.

9. Experience with financial management/accounting and preparation of programmatic and financial reports.

10. Experience in small-business development, monitoring and evaluation, and/or management of international development programs in Bolivia.

11. Experience with participatory development methods.

12. Demonstrated ability to work as part of a team.

13. Demonstrated ability to communicate effectively in writing.

14. High level of motivation, personal commitment, and ethical standards

Preferred skills and knowledge include:

1. Knowledge of IAF mission, goals and priorities.

2. Experience working with grant management.

3. Experience working with international donor agencies.

4. Valid driver’s license (submit with package if you have one).

5. Experience managing technical consultants.

All applicants determined to be Outstanding, Good 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 LLAS. 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 LLAS, 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.

All applicants with favorable interviews will continue to Phase IV.

PHASE IV - Past Performance

The references 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 award.

IAF may also contact additional references not provided by the applicant such as grantees and other persons in the IAF network regarding the applicant.

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

Applicants who do not provide relevant references for past performance will receive a neutral rating.

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.

RFQ # IAF-15000-23-0018

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.

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

SERVICES (MAR 2023)

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.

https://www.acquisition.gov/far

(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.”

52.203-17 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.

52.216-18 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 date of award through 60 months.

(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.

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 $1,000.00, 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 $250,000.00.

(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 14 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 60 months.

CONTRACT MINIMUM AND MAXIMUM

(a) The minimum amount the Government is obligated to order during the term of the contract is $1,000.00.

(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 intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed

60 months.

52.232-18 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 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 http://www.ipp.gov/ mailto:ForeignMisc@fiscal.treasury.gov mailto:ForeignMisc@fiscal.treasury.gov

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 (MAR 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 and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115–91)

(3) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40 Providing Accelerated Payments to Small Business

(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) 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.

111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (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) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim

☒ (9) 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).

☐ (10) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

☐ (11) [Reserved] ☐ (12) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (OCT

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

☐ (13) 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)

☐ (14) [Reserved] ☐ (15)(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.

☐ (16)(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.

☐ (17) 52.219-8 Utilization of Small Business Concerns (OCT

2022) ( 15 U.S.C. 637(d)(2) and (3)).

☐ (18)(i) 52.219-9 Small Business Subcontracting Plan (OCT

2022) ( 15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (NOV 2016) of 52.219-9.

☐ (iii) Alternate II (NOV 2016) of 52.219-9..

☐ (iv) Alternate

III

(JUN 2020) of 52.219-9.

☐ (v) Alternate

IV

(SEP 2021) of 52.219-9.

☐ (19)(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.

☐ (20) 52.219-14 Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

☐ (21) 52.219-16 Liquidated Damages—Subcontracting Plan (SEP

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

☐ (22) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

☐ (23)(i) 52.219-28 Post Award Small Business Program Representation (OCT 2022) ( 15 U.S.C. 632(a)(2)).

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

☐ (24) 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)).

☐ (25) 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)).

☐ (26) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

☐ (27) 52.219-33 Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

☐ (28) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

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 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 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

☐ (29) 52.222-19 Child Labor—Cooperation with Authorities and Remedies

(DEC 2022) (E.O. 13126).

☒ (30) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

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

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

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

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

☐ (33)(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.

☐ (34) 52.222-37 Employment Reports on Veterans (JUN 2020)

( 38 U.S.C. 4212).

☐ (35) 52.222-40 Notification of Employee Rights Under the National Labor

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

☒ (36)(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).

☐ (37) 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.)

☐ (38)(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.)

☐ (39) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

☐ (41)(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.

☐ (42)(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.

☐ (43) 52.223-15 Energy Efficiency in Energy-

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

☐ (44)(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.

☒ (45) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

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

☐ (46) 52.223-20 Aerosols (JUN 2016) (E.O. 13693).

☐ (47) 52.223-21 Foams (Jun2016) (E.O. 13693).

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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16

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

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

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

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

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

(DEC 2022) (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

(JAN 2021) of 52.225-3.

☐ (v) Alternate

IV

(Oct 2022) of 52.225-3.

☐ (51) 52.225-5 Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19

U.S.C. 3301 note).

☐ (52) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (53) 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. Subtitle A, Part V, Subpart G Note).

☐ (54) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

☐ (55) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

☐ (56) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021).

☐ (57) 52.232-29 Terms for Financing of Purchases of Commercial

Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

☐ (58) 52.232-30 Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.

4505, 10 U.S.C. 3805)..

☒ (59) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

☒ (60) 52.232-34 Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

☐ (61) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).

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

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

☐ (iii) Alternate II (NOV 2021) of 52.247-64.

https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+1727+50++%2819%29%20%20AND%20%28%2819%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3332&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/content/pkg/USCODE-2019-title46/html/USCODE-2019-title46-subtitleV-partD-chap553-subchapI-sec55305.htm http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.247-64#FAR_52_247_64

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

☐ (1) 52.222-41 Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter67).

☐ (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) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51 E 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 for Contractor Workers Under Executive Order

14026 (JAN 2022).

☐ (8) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

☐ (9) 52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 179).

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this 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 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 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/2.101#FAR_2_101 https://www.acquisition.gov/far/52.215-2#FAR_52_215_2 https://www.acquisition.gov/far/subpart-4.7#FAR_Subpart_4_7 paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13,…