S01 RFP 83310122Q0016.SOW.03.012022 FINAL.pdf

Date: March 01, 2022

Export-Import Bank of the US 811 Vermont Ave., NW Washington, D.C. 20571

SUBJECT: REQUEST FOR PROPOSAL; SOLICITATION # 83310122Q0016; FOREIGN

CREDIT REPORTS

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

This combined synopsis/solicitation is being issued as Request for Proposal (RFP) Number 83310122Q00016. This combined synopsis/solicitation document incorporates provisions and clauses and includes amendments through 2005-95 FAR revisions effective January 13, 2017, including all FAR Circulars issued as of the date of this synopsis. The North American Industry Classification System (NAICS) code is 561611, Investigation Services. The small business size standard is $22 million.

The Export-Import Bank of the US anticipates awarding a firm fixed price (FFP) Contract for providing foreign credit reports for international companies, with emphasis on emerging and developing countries to include but not limited to demographic, current credit agency reports, on an on-demand basis through a web-based report ordering system, legal status and date of establishment, description of business activity, Number of Employees and Subject’s Standing in its Industry, Trade References, Commercial Morality, Pay History, Agency Credit Scores, Financial Condition, Public Sector Entities, and Opinions and Recommendations on creditworthiness.

Please send questions regarding the solicitation via e-mail to Thu Vo at: Thu.Vo@exim.gov and Linda Mullen at Linda.Mullen.ct@exim.gov. No phone calls will be accepted.

The due date for proposals is March 16, 2022, NLT 2PM Eastern Standard Time. Questions related to this solicitation are due on March 7, 2022, NLT 2pm Eastern Standard Time. Offerors shall send quotes via e-mail to Thu Vo at: Thu.Vo@exim.gov and Linda Mullen at Linda.Mullen.ct@exim.gov.

Thank you in advance and we look forward to reviewing your proposal.

Sincerely, mailto:Thu.Vo@exim.gov mailto:Linda.Mullen.ct@exim.gov

THU A. VO

Contracting Officer Office of Contract Services (OCS)

I. SUPPLIES OR SERVICES AND PRICES/COSTS

1. SUPPLIES OR SERVICES

1.1. This solicitation is for a commercial item and will be conducted in accordance with

(IAW) FAR Parts 12, in conjunction with FAR Part 13 procedures. The entirety of the requirements shall be awarded to one (1) Offeror.

2. CONTRACT PRICING

Insert a total firm fixed price (FFP) information, as required, in the tables below for each period of performance.

The estimated date of announcement of the Contract award and the period of performance beginning dates are subject to change.

(2.1.) CLIN PRICING Base Year: 05/01/2022 through 04/30/2023

CLIN CLIN DESCRIPTION UNIT

QUANTITY

UNIT UNIT

PRICE

CLIN

FFP

AMOUNT

0001 The contractor shall provide up to 600 foreign credit reports in accordance with the Statement of Work SOW).

TOTAL

CLIN PRICING Option Year 1: 05/01/2023 through 04/30/2024

QUANTITY

UNIT UNIT

PRICE

CLIN

of Work (SOW).

CLIN PRICING Option Year 2: 05/01/2024 through 04/30/2025

QUANTITY

UNIT UNIT

PRICE

CLIN

CLIN PRICING Option Year 3: 05/01/2025 through 04/30/2026

QUANTITY

UNIT UNIT

PRICE

CLIN

CLIN PRICING Option Year 4: 05/01/2026 through 04/30/2027

QUANTITY

UNIT UNIT

PRICE

CLIN

(4) PAYMENT SCHEDULE: In accordance with FAR 32.1005, as implemented by FAR 52.232-32, the Contractor is authorized to receive payment on a periodic basis as is standard commercial practice in the IT professional services industry. Payment shall be made in accordance with the schedule approved by the Contracting Officer. Each payment must be supported by the certification required by FAR 52.232-32(m). The payment schedule as proposed by the Contract or in the table below is requested in accordance with FAR 52.232-28 - Invitation To Propose Performance-Based Payments.

CLIN/SUB-

CLIN

PAYMENT DESCRIPTION CLIN/SUB

CLIN

AMOUNT

PAYMENT

AMOUNT

001 $

001.01 $

001.02 $

TOTAL $ $

(SUBCLINs: Breakdown of the CLIN for payment purposes)

II. DESCRIPTIONS/SPECS/WORK STATEMENT

Attachment I: Foreign Credit Reports Statement of Work (SOW)

III. SPECIAL REQUIREMENTS

Period of Performance (POP):

The Performance Period of the Contract to be awarded under this Solicitation is a five-year period commencing upon the date of Contract award. The POP is comprised of the base year and four option years. The transition-in period is included in the base year and starts on the date of Contract award. FAR 52.217-8 permits the Contracting Officer to extend Contract performance for up to a period of six months following the expiration of the Performance Period.

Place of Performance:

Ordinarily, the primary place of Contract performance is in EXIM facilities located in Washington, D.C. However, during the COVID-19 related shutdown and resulting limited access to Government facilities, the Contractor is expected to undertake its performance of the Contract at locations of its selection, but at no cost to the Government for the facilities, travel to and from the facilities, equipment, utilities and any other expenses related to use of the said facilities by the Contractor to perform the Contract. In the event Contractor personnel are performing services outside of the local commuting area to EXIM’s Washington, D.C. facilities at which the Contractor would normally be performing services, and either EXIM requires that the Contractor personnel, or some of them, work at the EXIM facility, or if not required, permits them to do so, the Contractor shall be responsible for all expenses involved in bringing its employees back to the primary work location of EXIM facilities in Washington, D.C. The Contractor is reminded that the OPM facility closure parameters due to COVID-19 (or otherwise) may change with little or no advance warning. The Contractor should review OPM’s website for up-to-date information regarding access to Government facilities. https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/. As such, the Contractor should limit the number of its personnel (if any) that are working from locations remote to the commuting area of EXIM’s Washington, D.C. facilities such that the Contractor can ensure the prompt return of its personnel to the EXIM Washington, D.C. facilities without delay. After cessation of the OPM COVID-19 Government facility access restrictions applicable to EXIM facilities, the Contractor may permit its personnel to perform task related activities at home (Telework) and at Contractor facilities within the local Washington, D.C. area when required but only as authorized by the Government. The Contractor shall follow Office of Information Management Technologies’ (OIMT) established policies and guidelines for Telework. Reimbursement by EXIM for Contractor personnel travel to return to the EXIM facilities primary work location(s) is not authorized. Commuting expenses, in-and-around local travel, as well as long-distance travel, by Contractor personnel shall be at Contractor expense, without reimbursement by EXIM, unless EXIM has specifically requested such travel as necessary for the performance of Contract requirements.

https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/ https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/current-status/

Hours of Work:

EXIM’s standard hours of operation are as follows:

Monday – Friday

8:00am – 5:00pm, Excluding Federal Holidays The Bank and its personnel observe the following days as holidays:

1. New Year's Day January I,

2. Martin Luther King's Birthday Third Monday in January,

3. President's Birthday Third Monday in February,

4. Memorial Day Last Monday in May,

5. Juneteenth National Independence Day, June 19,

6. Independence Day July 4,

7. Labor Day First Monday in September,

8. Columbus Day Second Monday in October,

9. Veterans Day November 11,

10. Thanksgiving Day Fourth Thursday in November,

11. Christmas December 25, and

12. Inauguration Day January 20 every four years.

In addition to the days designated as holidays, the Government observes any other day designated by Federal Statute, any other day designated by Executive Order, and any other day designated by a Presidential Proclamation, as a full or partial holiday. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement of compensation to the Contractor, except under circumstances of a special tasking by the COR that require Contractor personnel to work notwithstanding the designation of the Federal holiday.

In the event the Contractor's personnel work during a Federal holiday at the discretion of the Contractor, such personnel may be compensated by the Contractor in accordance with its labor policies; however, no form of holiday or other premium compensation will be reimbursed by EXIM, either as a direct or indirect cost.

When Federal, State, Local and other governmental entities grant excused absence to its employees, assigned Contractor personnel may also be dismissed from EXIM facilities without penalty to the Contractor. Notwithstanding such early dismissal directive, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the CO and COR.

If Government personnel are furloughed or otherwise unavailable to provide oversight to Contractor personnel, the Contractor shall contact the CO to receive direction as to its continued operations. The Government retains discretion to determine whether the Contract price/cost will be affected by the absence of Government personnel and the resulting impact upon the ability or propriety of continued Contract performance by some or all of the Contractor’s personnel.

Generally, the following situations apply: 1. Contractor personnel that are able to continue Contract performance (either on-site or at a site other than their normal workstation) without Government surveillance or oversight, in functions that continue to provide value to EXIM, shall continue to work and the Contract price shall not be reduced or increased. 2. Contractor personnel not able, or not required by the Government (due to the absence of Government personnel) to continue Contract performance (e.g., support functions) may be directed by the Government to cease their work effort. Nothing in this clause abrogates the rights and responsibilities of the parties relating to "Stop Work" and “Changes” provisions as cited in other sections of this Contract.

Meetings:

Status Meetings and Project Reviews shall be held regularly as required, in the opinion of the Government, to ensure effective program management, and efficient and effective resolution of problems, throughout the life of the Contract. The Contractor’s manager (or similar/equivalent/alternate personnel) shall meet on a periodic basis with EXIM personnel to discuss the project’s progress, planned activities, issues, and other items/issues as requested by the Contractor or by EXIM. The frequency of these meetings will be determined as mutually agreed between the Contractor and the Government.

Supervision of Employees:

The Contractor's employees shall remain under the Contractor's direct supervision at all times.

Although the Government will coordinate within the scope of the Contract, detailed instruction for the Contractor's employees and supervision shall remain the responsibility of the Contractor.

Contract Changes:

EXIM reserves the right to modify the Scope of Work and or the terms/conditions of the Contract, in response to changes in EXIM requirements, availability of funding and conditions external to EXIM (i.e. in response to regulations or policies). Such changes to the Scope of Work and or the terms/conditions of the Contract shall be within the general scope of the Contract. Failure of the parties to reach a mutual agreement as to an equitable adjustment (upwards or downward) to accommodate the change shall be resolved pursuant to the Disputes Clause of the Contract. In the event the Contractor effects any Contractual changes at the direction of any other person other than the CO, the change will be considered to have been made without authority and at Contractor’s sole risk that it will not receive compensation for the changed work. Failure by the Contractor to report to the CO any action or request by the Government considered by the Contractor to be a change to the Contract, or changes in conditions which the Contractor interprets as warranting change(s) in performance (i.e. a “constructive change”) -within the specified number of days contained in FAR 52.243- 7 (Notification of Changes) - may constitute a waiver of the Contractor's potential right to an equitable adjustment based upon that change.

Contractor compliance with EXIM Instructions:

The Contractor shall ensure that all Contractor employees, including sub-Contractor personnel, shall comply with all guidance, instructions, and general orders promulgated by or otherwise applicable to EXIM. This shall include any and all guidance and instructions issued based upon the need to ensure EXIM mission accomplishment and safety.

a. The Contractor shall undertake all necessary actions to ensure the professional conduct of its employees and sub-Contractors.

b. The Contractor shall promptly resolve, to the satisfaction of the Contracting Officer (CO), all Contractor employee, and sub-Contractor personnel, performance and conduct problems identified by the CO or Contracting Officer's Representative (COR).

Quality Control:

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with the Statement of Work (SOW). The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which it assures itself that its work complies with the requirement of the Contract. The Contractor shall submit its Quality Control Plan (QCP) with submission of its proposal in response to the Solicitation. Copies of a comprehensive QCP shall be submitted to the CO and COR within 5 working days when changes are made at any time thereafter. After acceptance of the QCP by the Government, the Contractor must receive the Contracting Officer’s acceptance in writing of any proposed change to the QCP before such change is considered operative.

Non-Conforming Products or Services:

Non-conforming products or services will be rejected. Unless otherwise specified in individual purchase orders, the Contractor shall correct deficiencies within 10 workdays of the rejection notice.

Removal of Personnel:

The Government will require the Contractor to remove any employee from the job site for reasons of misconduct, safety, security, or any employee found to be, or suspected of being, under the influence of alcohol, drugs, or any incapacitating agent. The removal of a Contractor employee from the job site shall not alleviate the Contractor of the requirement to provide sufficient personnel to perform the services as required by this Contract.

Contractor compliance:

The Contractor shall ensure that all Contractor employees, including sub-Contractors, shall comply with all guidance, instructions, and general orders applicable to EXIM Bank. This shall include all guidance and instructions issued based upon the need to ensure mission accomplishment and safety.

c. The Contractor shall take actions to ensure the professional conduct of its employees and sub-Contractors.

d. The Contractor shall promptly resolve, to the satisfaction of the Contracting Officer (CO), all Contractor employee performance and conduct problems identified by the CO or Contracting Officer's Representative (COR).

Contract Closeout:

The Contractor shall submit a final invoice within forty-five (45) calendar days after the end of The Performance Period. After the final invoice has been paid the Contractor shall furnish a completed and signed Release of Claims to the Contracting Officer. This release of claims is due within fifteen (15) calendar days of final payment.

General: EXIM Bank Compliance with Homeland Security Presidential Directive (HSPD) 12:

Portions of HSPD 12 apply to performance of services by a Contractor within EXIM or Government facilities, while other portions of the Directive addressing access to Government information and or information systems apply to the Contractor’s effort under the resulting Contract regardless as to location of performance of work under the resulting Contract. The Contractor is responsible for compliance with the Directive, as applicable:

(a) Homeland Security Presidential Directive (HSPD) 12, established requirements leading to the adoption of common procedures for registration, enrollment, and credentialing (badging) of federal employees, Contractors and others, who require frequent access to federal facilities and or information systems. \1 The technical standard for the credential is called Federal Information Processing Standards Publication (FIPS) 201-1, Personal Identity Verification (PIV) of federal employees and Contractors. FIPS 201 includes a description of the minimum requirements to be completed before credential (badge) issuance. \2

(b) Executive Order (EO) 10450, Security Requirements for Government employees, serves as an important guideline and acknowledges there may be instances where discretion could be used when applying some of the requirements to certain individuals who require temporary access to a federal facility. \3 The concern is addressed in further detail in the Government Service Agency (GSA) Federal Identity Management Handbook (FIMH), wherein guidance is provided in terms of the methodology employed in dealing with temporary employees, Contractors, and visitors. \4 This EO further states that the minimum level background investigation required for all federal employees and Contractors is the National Agency Checks with Inquiries (NACI), which costs $114.00 per person. \5 The EXIM Bank assumes the responsibility of the Office of Personnel Management (OPM) cost of the investigations for those Contractors in service with the EXIM Bank.

(c) The guidelines outlined below in this EXIM Bank document contain all the requirements to complete the process for Contractors; however, they should be viewed as the absolute minimum requirements, subject to and dependent upon, a review of the risk and other factors prior to granting any identification badge or favorable adjudication on any background investigation results.

Ultimately, the process becomes an agency risk-based exercise wherein several areas are analyzed.

Among them are: A review of the individual’s criminal history, the position designation (which helps determine the level of background investigation required for their job), the individual’s personal suitability for the duty position as determined through the adjudication of their background investigation results and the access requirements to the EXIM Bank’s facility and or information system.

Step 1: The Contracting Officers Representative (COR) sends an e-mail to the Office of Administration and Security (OAS), Resource Management, EXIM Bank announcing the pending arrival of a new Contractor (only the name, start date, Contract expiration, e-mail address of the new Contractor, and company should be in the email). The SF 85 form contains enough information to initiate a FBI Name Check and a formal background investigation. When the Contractor completes the SF 85 form, for our purposes, only the following blocks need to be filled:

The Position Title, block F. The Contractor will also complete blocks 1 through 4 on page 1, then move directly to page 6 and complete the nine (9) blocks there. The CO or COR would forward a blank copy of the SF85 to the new Contractor or to the Contractor Program Manager (or similar/equivalent/alternate personnel).

• Note 1: The Contractor shall not work on site or charge time to the Contract without the confirmation of the completion of the name check or the submission of a waiver by the COR. If a waiver is granted, the Contractor will be escorted in the Government facilities by a Federal Employee and will have limited and or supervised access to systems resources.

• Note 2: Although it is perfectly acceptable that a blank SF 85 can be e-mailed to the new hired Contractor it should not be returned via e-mail to the Contracting Officer (CO) or COR or other identified representative by e-mail since, when completed, it will contain privacy information. Once completed, the employee will print the form, sign it, and either sends it back via fax, paper mail, or will hand deliver. The SF 85 should arrive to OAS as far in advance of the new hire’s start date as possible.

• Note 3: The completed form SF85 will be delivered to OAS in a sealed envelope by the Contractor PM, COR, or CO.

Step 2: The information contained on the SF 85 will be used to initiate an FBI Name Check request and to query the Personnel Investigations Processing System (PIPS) to determine or verify the new Contractor background investigation status. If a current investigation exists, the COR will receive a Notification of Background Investigation or Clearance e-mail pertaining to the new Contractor.

The FBI Name Check will be dispatched if no record of previous investigation exists, or if the investigation on record has expired. The FBI Name Check takes an average of four business days to process. Once the name check results have been favorably adjudicated, the COR will be notified by receiving an FBI Name Check Results e-mail. The COR will notify the Contractor’s coordinator of the result.

Step 3: (This step can be completed by the Contractor before his/her start date at the bank)

If the new hire Contractor was determined to require a new background investigation, OAS personnel will send him/her an e-mail containing an Electronic Questionnaires for Investigations Processing System (e-Qip) link that will enable them to complete all the required documentation associated with their identified level of background investigation requirement. As previously referenced, in most cases, this will be a NACI level investigation. Under normal circumstances, the Contractor will be provided two working days in order to complete the on-line background investigation procedure and is instructed to bring back, the completed and signed e-Qip Signature Sheets and any other documentation that may have been sent in their e-mail as an attachment.

• Note: Although not the norm, when the new hire Contractor works off site from EXIM Bank to the extent which would make it impossible or impractical to personally come to the bank for the purposes identified in this document, an “off-site” process was developed that involves mailing to OAS the required documents after completion, including the signed Law Enforcement Certification page that verifies the Contractor was properly “Identity Proofed” and the FD 258 fingerprint card.

Step 4: Upon arrival to OAS, the Contractor shall hand deliver all the signed e-Qip Signature Sheets, and attachments pertaining to their level of background investigation. The Contractor will be “Identity-Proofed” \6 by OAS personnel using the two approved forms of identification referenced in the foot note below. Provided there are no issues, the Contractor is then provided a Badge Authorization Memo. This will complete the process of obtaining the new badge and will enable OAS to send the background investigation packet to the Office of Personnel Management (OPM) for investigation. The fingerprints are taken electronically and are sent to the FBI for a more detailed search for a criminal history.

Step 5: As a result of the fingerprints being sent to the FBI for a criminal history check, OAS personnel will review PIPS and check to see if any further details arise. Any derogatory information may impact the Contractor’s access to EXIM Bank facilities or information systems until and if the issue(s) are favorably adjudicated.

Step 6: The average time of completion of a NACI level investigation is 3-4 months. Once the investigation returns from OPM it will be adjudicated by OAS personnel and suitability determination made and granted by the Personnel Security Representative (PSR). Once a favorable determination has been made the COR will be sent a Notification of Background Investigation or Clearance e-mail pertaining to the Contractor involved. In the event there are issue(s) which require the Contractor to provide additional information, OAS personnel will make contact directly and only with the Contractor involved and the issues will be further address in greater detail to the extent required in order to enable the Personnel Security Representative (PSR) to make either a favorable or non-favorable adjudication on the level of investigation.

Step 7: The Contractor shall immediately notify the CO, COR and OAS when an employee no longer requires access to Export-Import Bank facilities or computer systems due to transfer, completion of a project, retirement or termination of employment. The Contractor’s badge must also be turned in OAS prior to departure.

Security:

The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of this Contract. The Contractor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of government information, data, and/or equipment. The Contractor’s procedures shall be consistent with Government, OMB Circular A-130, Management of Federal Information Resources, the Computer Security Act of 1987, the Federal Information Security Management Act of 2002 (FISMA), and the Privacy Act. In addition, during all activities and operations on government premises, the Contractor shall comply with the policies, rules, procedures and regulations governing the conduct of personnel or protection of government facilities and data as expressed by EXIM Bank, written or oral.

(a) Sensitive Information Storage and Disclosure

Sensitive-but-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorized personnel on a Need-To-Know basis. The holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment will be returned to Government control;

destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GSA guidelines.

(b) Protection of Information

All information about the EXIM Bank networks and/or the security posture of any EXIM Bank information asset gathered or created under this Contract will be considered SBU information. It is anticipated that this information will be gathered, created and stored within the primary Government work location. If the Contractor personnel must remove any information from the primary work area, they should protect it to the same extent they would their proprietary data and/or company trade secrets. If the Contractor must remove any materials from the primary work location, prior approval must be obtained from the COR.

(c) Security and Privacy

The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

(d) Security Classification

The preparation of the deliverables under this Contract will be completed at a Sensitive-But- Unclassified (SBU) level unless otherwise stated, in writing, by the COR.

(e) Facility Access

All Contractor personnel who intend to work at EXIM facilities must have approval for facility access; the Contractor must supply the names and other required information of those employees selected to perform the work within EXIM facilities to the COR.

(f) Special Requirements

All work performed must meet and comply with all National Institute of Standards & Technology (NIST), other government-wide laws and regulations, and EXIM Bank and OCIO (Office of the Chief Information Officer) directives, guidelines, and requirements for protection and security of Information Technology. Such directives and guidelines include, but are not limited to:

• Computer Security Act of 1987

• Federal Information Security Management Act (FISMA)

• OMB Circular A-130, Management of Federal Information Resources

• Presidential Directive Decision 63, Critical Infrastructure Protection (CIP)

• Presidential Directive Decision 67, Enduring Constitutional Government and

Continuity of Government Operations

• Homeland Security Presidential Directive 7

• NIST’s Guide for Developing Security Plans for Information Technology

Systems (Special Publication 800-18)

• U.S. Government “Plain Language” Guidelines

(g) Confidentiality and non-Disclosure

The Contractor may have to access proprietary information and shall be required to sign non-disclosure and conflict of interest statements as a condition to accessing such information. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by the Government that have been generated by the Contractor are the property of the U.S. Government and cannot be reproduced or retained by the Contractor. When no longer required, this information, data, and/or equipment will be returned to Government control. All documents and information pertaining to network vulnerabilities, security policy, operational procedures or related functions shall be maintained under absolute accountability and relinquished to the COR upon request, or upon completion of the Contract, whichever first occurs.

Export-Import Bank Building Access Procedures:

(a) Citizenship Requirements. All Contractor staff working on the Contract shall be U.S. citizens, have lawful permanent resident status, or possess a valid “green card” or equivalent.

(b) Building Access. Contractor maintenance technicians must contact the COR (or any other individual designated by the COR) in advance to coordinate scheduling of maintenance visits. Contractor maintenance technicians must be escorted upon arrival to and from the work site and must maintain communication with the COR or EXIM designated individuals.

Section 508 – Accessibility of Electronic and Information Technology:

(a) This requirement is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to Contracts and task/delivery orders, awarded under indefinite quantity Contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this Contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the Contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the Contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the Contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a Contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the Contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The Contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the Contract requirements.

(e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the Contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a Contract specified refresh cycle for the product or service, or on a Contract effective option/renewal date; whichever shall occur first. To access more information regarding Section 508: https://www.section508.gov/

Data Rights:

The Government has unlimited rights to all programs/documents/materials produced under this Contract. All documents and materials, to include the source codes of any software, produced under this Contract shall be Government owned and are the property of the Government with all https://www.section508.gov/ rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used by the Contractor for any other purpose other than performance of the instant Contract. This right does not abrogate any other Government rights.

Organizational Conflict of Interest:

Contractor and sub-Contractor personnel performing work under this Contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interest (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent Contracted requirements which may be affected by the OCI.

Government Furnished Equipment/Information:

Government Furnished Information (GFI) may be provided upon request of the Contractor. It is incumbent upon the Contractor to identify its need for GFI and to request the same from the

COR.

Hold Harmless and Indemnification Agreement:

The Contractor shall save and hold harmless the Government from, and indemnify the Government against, any and all liability, claims, and costs of whatever kind and nature, for injury to or death of any person or persons and for loss or damage to any property occurring in connection with, or in any way arising under or related to the terms of this Task Order, resulting in whole or in part from the negligent act or omissions of the Contractor and or willful misconduct of the Contractor, to include such acts or omissions of the Contractor’s subcontractor personnel.

Printing:

Unless otherwise specified in this Contract, the Contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this Contract) in connection with the performance of work under this Contract. Provided, however, that performance of a requirement under this Contract involving the duplication of less than 5,000 units in the aggregate of multiple pages, will not be deemed to be printing. For the purpose of this paragraph, such pages may not exceed a maximum image size of 10 3/4 by 14 1/4 inches.

Paperwork Reduction Act:

In the event that it becomes a Contractual requirement to collect identical information from ten or more public respondents, the Paperwork Reduction Act, 44 U.S.C., 3501 et seq., shall apply to this Contract. In such an event, the Contractor shall not expend any funds to take any other action whatsoever to solicit information from any of the public respondents until the Contracting Officer has notified the Contractor in writing that the required Office of Management and Budget clearance has been obtained. The Contractor shall provide to the Contracting Officer's Representative (COR) or to the Contracting Officer such information as will facilitate obtaining such clearance.

IV. CONTRACT ADMINISTRATION

Post Award Conference:

Within five (5) days after Contract award, the Contractor shall provide a draft agenda to EXIM and hold a telephone discussion with EXIM to schedule an orientation meeting, discuss the agenda thereof and decide who will attend the meeting. Within one (1) week of the award of this Contract, the Contractor shall participate in the orientation meeting with EXIM staff, virtually or at EXIM Headquarters in Washington, D.C. The purpose of this meeting is to refine expectations for the project, initiate working relations, review the Contract documentation, address any challenges to technical approach and/or Contract execution, and review the schedule of deliverables. Example of specific topics to be addressed at this meeting shall include, but not be limited to:

• Mutual understanding of project scope, objectives, and priorities.

• Overview of the project methodology, approach, and plan;

• Contract schedule, including milestones, dates for submission of deliverables, and required timeframes for clearance activities (reports);

• Formats for reporting and general project progress;

• Protocols for all communications between the Contracting Officer’s Representative

(COR), headquarters and regional EXIM Bank staff;

• Confirmation of subtask staffing; and

• Potential challenges and possible strategies to successfully address them.

Within one week after the orientation meeting, the Contractor shall submit to EXIM an electronic copy of a draft Summary Memorandum documenting the orientation meeting discussion. It shall summarize the meeting, including an elaboration of project objectives, decisions reached, and identification of any outstanding issues and strategies for resolving them.

The final meeting Summary (in electronic form) shall incorporate EXIM’s comments and be provided to EXIM within one week of receiving EXIM feedback.

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements of the Task Order. This authority to direct or approve changes remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase in costs incurred by the Contractor as a result thereof.

(b) Only the Contracting Officer has the authority to contact the Contractor to discuss costs and/or technical requirements of the Contract.

(c) The Contractor is cautioned that contact from Government employees other than the Contracting Officer could result in unauthorized commitments. Government representatives who are working on, or asked to work on, a particular Contractual issue should inform and coordinate the activity with the Contracting Officer (“CO”). The CO must be a part of all contacts and meetings with the Contractor that pertain to scope or cost. Depending on the nature of the meeting, the COR must also give advance notification to the Contracting Officer. All contacts with the Contractor must be documented, with such documentation retained in the COR’s Contract correspondence file. As deemed appropriate by the COR, one copy of the documentation must be forwarded to the Contracting Officer. Examples of contacts requiring documentation include providing technical direction, work plan instructions, deliverable rejection, potential changes to the Performance Based Work Statement or delivery schedule, costs and sub-Contractor or consultant recommendations.

(d) The Contractor shall designate one individual to be contacted during the period of the Contract to handle Contract administration in a prompt and timely manner:

Name:* Title:* Phone:* Email:* *to be completed by Contractor

(e) Contracting Officer (CO):

Thu Vo Contracting Officer Export-Import Bank of the US Office of Contracting Services 811 Vermont Ave., NW, 10th floor Washington, D.C. 20571 Email: Thu.vo@exim.gov Phone: (202) 565-3332

(f) Contracting Officer’s Representative (COR)

Office of Small Business Export-Import Bank of the United States 811 Vermont Ave. NW| Washington, DC 20571 mailto:Thu.vo@exim.gov

Contracting Officer’s Representative (COR):

Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is Contract/task order specific. The COR is the technical representative for all technical requirements of a specific Contract.

“Contracting Officer” – The Contracting Officer (CO) is the exclusive agent of the Government vested with the requisite authority to enter into and administer Government procurement Contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. However, as the CO’s representative, the COR is delegated the authority to monitor the technical effort being performed under a Contract. The CO is the only individual with authority to enter into, administer, or terminate Contracts. The CO ensures performance of all necessary actions for effecting and administering Government procurement Contracts, ensuring compliance with the terms of the Contract and safeguarding the interests of the United States in its Contractual relationships.

The COR is not authorized, and does not have the authority to:

• Award, agree to, or sign any Contract, delivery order or task order. All Contractual agreements, commitments, or modifications shall be made only by the

CO.

• Make any commitments or otherwise obligate the Government, or to make any changes to a Contract.

• Grant deviations from or waive any of the terms and conditions of a Contract.

• Impose or place a demand upon the Contractor to perform any task or permit any substitution not specifically provided for in the Contract.

• Increase the dollar limit of a Contract or authorize work beyond the dollar limit of a Contract or authorize the expenditure of funds.

• Give direction to the Contractor or to the employees of the Contractor except as provided for in the Contract.

• Change the period of performance.

• Authorize the purchase of equipment, except as required under the Contract.

• Authorize the furnishing of Government property, except as required under the

Contract.

• Authorize subcontracting or the use of consultants.

• Approve shifts of funding between Contract Line-Item Numbers.

• Approve travel and relocation expense over and above that provided for in the

Contract.

• Authorize the use of overtime.

When, in the opinion of the Contractor, the COR has requested effort outside the existing scope of work (or task order), the Contractor shall promptly notify the Contracting Officer in writing.

No action shall be taken by the Contractor under such direction of the COR until the Contracting

Officer has issued a modification to the Contract or to the Task Order; or until the issue has been otherwise resolved by the CO.

CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS)

(a) Pursuant to FAR 42.1502, this Contract is subject to CPARS. CPARS is an automated centralized information system accessible via the internet that maintains reports of Contractor performance for each Contract. CPARS is located at https://www.cpars.gov/.

Further information on CPARS is available at the website.

(b) Under CPARS, the Government will conduct annual evaluations of the Contractor’s performance. The Contractor has thirty (30) days after the Government’s evaluation is completed to comment on the evaluation. The opportunity to review and comment is limited to this time period and will not be extended. Failure to review the report at this time will not prevent the Government from using the report.

(c) The Contractor may request a meeting to discuss the CPAR. The meeting is to be requested via-e-mail to the CPARS Program Manager no later than seven days following receipt of the CPAR. A meeting will then be held during the Contractor’s 30-day review period.

(d) The CPARS system requires the Government to assign the Contractor a User ID and password in order to view and comment on the evaluation. Provide the name(s) of at least one individual (not more than three) that will be assigned as your Contractor Representative for CPARS.

Name Phone E-mail Address

*To be completed by the Contractor

Payment Terms:

(a) Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that its invoice charges are accurate. For Labor-Hour task orders, the Government will pay only for hours authorized, worked, and accepted (see “Labor Hour Invoices” below).

(b) If the Contractor invoices for services that are rejected for failure to conform to the technical requirements of the Task Order, or for any other Contractually legitimate reason as determined by the CO, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

(c) Payment to the Contractor will not be made for the Contractor’s costs attributable to temporary work stoppage arising due to circumstances beyond the control of EXIM , such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of Government facilities at which Contractor personnel are performing. Such temporary work stoppages may, however, be justification for the CO granting an excusable delay(s) to the Contractor’s delivery schedule.

(d) The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the terms of the Contract and for labor hour invoices, the hours shown on the invoices are correct, and the services are of the quality required for timely and successful https://www.cpars.gov/ completion of the effort. The Contractor is reminded that all invoices seeking performance-based payments must contain the certification found at FAR 52.232-32(m).

Submission of Invoices:

(a) Invoices must be submitted by the Contractor to: http://www.ipp.gov/Contractors/index.htm no more frequently than on a monthly basis. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Contract number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this

Contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

9. Taxpayer Identification Number (TIN) or DUNS+4 and Unique Identity ID (UEI);

10. The certification required by FAR 52.232-32(m); and

11. Contractor MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the Contract.

The IPP is a government-wide secure web-based payment information service offered free of charge to Government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that Contractors will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once a Contractor receives these emails, the Contractor may proceed to login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for Contractors to create invoices directly from a Contract award and submit its invoices electronically, as well as:

• E-mail notification when…