Solicitation_RFQ_72011723Q00002 CO SIGNED.pdf

Issuance Date: August 15, 2023 Deadline for questions: August 31, 2023

Closing Date and Time: September 15, 2023, 10:00 Chisinau time

Subject: Request for Quotation (RFQ) No. 72011723Q00002

Agreed-Upon Procedures (AUP) Engagement for National Association of ICT Companies “ATIC”

Dear Prospective Offerors:

The United States Agency for International Development Mission to Moldova (USAID/Moldova) seeks to procure the services of a qualified consultant/audit/firm to conduct Agreed-Upon Procedures, as per the attached SOW for the National Association of ICT Companies “ATIC” organization, in Chisinau, Moldova.

You are invited to submit a quote in accordance with the requirements of the attached Statement of Work. This procurement shall be conducted using Federal Acquisition Regulation (FAR) Part 13 Simplified Acquisition Procedures. USAID anticipates awarding a Firm-Fixed Price Purchase Order.

Please feel free to contact me with any questions. Oral instructions, answers or guidance from any USAID source prior to the award shall not be binding. Questions regarding this solicitation and quotation (in English) must be emailed to moldovaoaa@usaid.gov, icernea@usaid.gov, dprodan@usaid.gov and sjohnson@usaid.gov no later than the date and time specified above. Your submission must comply with all RFQ requirements as described in the Instructions in Section II.

Please see the following attachments for a list of provisions that apply to this request for quotes. This is a combined synopsis/solicitation, as supplemented with additional information included in this notice. Issuance of this solicitation does not constitute an award commitment on the part of the USAID/Moldova, nor does it commit USAID/Moldova to pay for any costs incurred in the preparation or submission of a quote. Furthermore, USAID/Moldova reserves the right to reject any offer if such action is in the best interest of USAID/Moldova.

Additionally, Offerors must register in the System for Award Management (SAM) by visiting the following site https://www.sam.gov/SAM/ and obtain a Unique Entity Identifier (UEI) Number by using the online web form at https://sam.gov/content/entity-registration.

Thank you for your interest in USAID programs.

Sincerely, Suzanne H. Johnson, CFCM, CPCM Contracting/Agreement Officer USAID/Moldova mailto:moldovaoaa@usaid.gov mailto:icernea@usaid.gov mailto:dprodan@usaid.gov mailto:Sjohnson@usaid.gov https://www.sam.gov/SAM/

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

1. REQUISITION NUMBER

REQ-117-23-000008

PAGE 1 OF

2. CONTRACT NUMBER

7. FOR SOLICITATION

INFORMATION CALL:

3. AWARD/EFFECTIVE

DATE

a. NAME

Ion Cernea

4. ORDER NUMBER 5. SOLICITATION NUMBER

72011723Q00002

b. TELEPHONE NUMBER (No collect calls)

6. SOLICITATION ISSUE

DATE

08/15/2023

8. OFFER DUE DATE/

LOCAL TIME

09/15/2023 10:00am

9. ISSUED BY

00000

11. DELIVERY FOR FREE ON

CODE

12. DISCOUNT TERMS

720117 10. THIS ACQUISITION IS

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

13a. THIS CONTRACT IS A

UNRESTRICTED OR

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8(A)

13b. RATING

SET ASIDE: % FOR:

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

BOARD (FOB) DESTINATION RATED ORDER UNDER 14. METHOD OF SOLICITATION

REQUEST

SAL

USAID/Moldova; 57/1 Banulescu Bodoni St. 5th floor Chisinau, Moldova

57/1 Banulescu Bodoni St. 5th floor

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

OFFICE OF FINANCIAL MANAGEMENT

BOSNIA, SARAJEVO

TELEPHONE NUMBER

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

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

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

Agreed-Upon Procedures (AUP) Engagement for National Association of ICT Companies “ATIC”

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Government Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

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

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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

UNLESS BLOCK IS MARKED

SEE SCHEDULE

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

REQUEST

FOR QUOTE

(RFQ)

INVITATION FOR

FOR BID PROPO

(IFB) (RFP)

15. DELIVER TO CODE 720117 16. ADMINISTERED BY CODE 720117

RFQ No. 72011723Q00002

Part I: Schedule

Section A: Solicitation/Contract/Order for Commercial Items (SF 1449) Section B: Supplies or Services and Price/Costs Section C: Statement of Work Section D: Contract Clauses

Part II: Instructions to Offerors and Evaluation Criteria

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The purpose of this contract is to procure the services of a qualified consultant/audit/firm to conduct Agreed-Upon Procedures, as per the attached SOW for the National Association of ICT Companies “ATIC” organization in Chisinau, Moldova.

B.2 DELIVERY

Deliverables must be completed per the requirements below in Section C - Statement of Work and be submitted to the Contracting Officer’s Representative (COR), identified below in Section B.6, for written receipt confirmation, review, feedback and acceptance. The Contracting Officer is the sole person authorized to confirm to the Contractor in writing that the contract has been satisfactorily completed.

B.3 PLACE OF PERFORMANCE AND GEOGRAPHIC CODE

The work will be performed in Chisinau, Moldova and remotely. The Geographic Code for this procurement is 935. The final report should be issued by an audit firm based in the United States, European Union, Ukraine, Bosnia and Herzegovina or Serbia. The Agreed-Upon Procedures must be conducted by its team.

B.4 PERIOD OF PERFORMANCE

The period of performance is five months from the effective date of signing the Purchase Order, to be noted on the Cover Page. The agreed-upon procedures engagement draft report is to be issued no later than four months after the start date of the PO.

B.5 PRICE

The firm fixed price for this purchase order is TBD.

B.6 ACTIVITY MANAGER

The Activity Manager for this award is Alma Patkovic.

B.7 KEY PERSONNEL

The audit firm’s key personnel positions identified below are considered essential to the work being performed. Unless otherwise agreed to in writing by the Contracting Officer, the audit firm shall be responsible for providing such personnel for performance at the level-of-effort and for the term required. Failure to provide at a minimum the key personnel designated below may be considered nonperformance by the audit firm unless such failure is beyond the control, and through no fault or negligence of the audit firm. The audit firm shall immediately notify the Contracting Officer and USAID/Moldova of any key personnel's departure and the reasons, therefore. The audit firm shall take steps to immediately rectify this situation and shall propose a substitute candidate for each vacated position along with an impact statement in sufficient detail to permit evaluation of the impact on the program.

Position Title

1. Engagement Partner - Name

2. Quality Assurance Expert - Name

Each person designated for the key personnel positions listed above shall be fluent in the English language.

The auditors must conduct an entrance and exit conference with USAID/Moldova prior to the start of the engagement and after the engagement, prior to releasing the draft Agreed-Upon Procedures Report.

The Auditor must properly maintain and store the working papers for a period of three years from the completion of the Agreed-Upon Procedures engagement. During this three-year period, the Auditor must immediately provide the working papers when requested by USAID/Moldova.

The Contractor must not replace the key personnel without the written approval of the Contracting Officer.

B.8 LANGUAGES

The Contractor’s documentation shall be submitted to USAID in English. A majority of ATIC documents are in Romanian. Thus, it is required that the audit firm has a team member(s) proficient in the Romanian language or that it acquires professional translation services.

B.9 INSPECTION AND ACCEPTANCE

Inspection and Acceptance of deliverables will be conducted in accordance with FAR 52.212-4.

B.10 INVOICES AND PAYMENT SCHEDULE

Claims for payment under this contract must be submitted to the USAID/Bosnia Financial and Administrative Management Office. The Contractor must submit a signed SF-1034 Public Voucher for Purchases, Services Other Than Personal, and SF-1034A continuation, (if necessary). Each voucher shall be identified by:

(a) Name of the contractor;

(b) Date and invoice number;

(c) USAID contract number;

(d) Description, price, quantity, period of services rendered;

(e) Contact name, telephone and fax number;

(f) Other substantiating documentation or information required by the contract.

Invoice with required supporting documents may be submitted either through paper or electronic in a Portable Document File (PDF) format through an electronic mailbox. The mailbox address is accountspayablesarajevo@usaid.gov. Electronic submission (PDF format) is encouraged and does not require subsequent transmission of original paper invoices.

One copy of the voucher and the invoice shall also be submitted to the COR.

Payment shall be made to the Contractor upon written acceptance of the final deliverable and corresponding voucher by the USAID COR. Payment will be made in U.S. Dollars per the following installments schedule, as a percentage of the total price:

Fees Deliverable

1 20% Upon signing the agreed-upon procedures engagement letter

50%

Upon completion of agreed-upon procedures field work and issuance of draft/initial findings report

3 30% Upon approval of the final agreed-upon procedures report by

Payments to the Contractor shall not exceed the base period firm fixed price in B.5.

[END OF SECTION B]

mailto:accountspayablesarajevo@usaid.gov

SECTION C – STATEMENT OF WORK

Agreed-Upon Procedures Engagement – Scope of Work National Association of ICT Companies “ATIC” – Agreed-Upon Procedures (AUP) Engagement

I. BACKGROUND

On August 24, 2015, USAID/Moldova signed Cooperative Agreement no. AID-117-A-15-00002 (hereinafter the “award”) with the Moldovan National Association of Information and Communication Technology (ICT) Companies (hereinafter, “ATIC” or the “Organization”). ATIC is a business organization, established in 2006, uniting 91 companies within the ICT industry to promote the sector’s development in the Republic of Moldova through viable partnerships between companies, similar organizations, government, state institutions and international organizations.1 The Cooperative Agreement AID-117-A-15-00002 included 10 contract modifications that awarded ATIC a total estimated ceiling of $8,900,000 which was fully funded and expired on September 23, 2022.

The purpose of USAID’s Development of Information and Communication Technology Excellence Centers (ICTEC) in Moldova activity is to establish ICTECs and provide equipment and staff and organize training and services to students and ICT sector employees. ATIC refers to the development of ICTECs as the Tekwill project. Tekwill developed over two phases with the first one establishing Tekwill Chisinau on the premises of Technical University of Moldova, and the second phase expanding into Balti, Cahul, Comrat, and Tiraspol building a Tekwill network. The Agreement developed a private-public partnership that relied on ATIC’s commitment to leverage2 private and public sector resource contributions totaling at least $9,739,554 in addition to USAID’s contribution to reach the goal of the fully functional and sustainable ICTECs.

The table below provides details on the budget broken down by cost elements:

COST ELEMENTS Phase 1 Phase 2 Total

Personnel (including fringe benefits) $1,055,622 $728,589 $1,784,211

Direct Costs $2,499,978 $3,819,327 $6,319,305

Construction $444,400 $86,157 $530,557

Indirect Costs $0 $265,927 $265,927

TOTAL USAID: $4,000,000 $4,900,000 $8,900,000

Leverage*: $4,820,654 $4,918,900 $9,739,554

TOTAL PROGRAM $8,820,654 $9,818,900 $18,639,554

Furthermore, on September 19, 2016, the Government of Sweden via the Swedish International Development Cooperation Agency (SIDA) signed an agreement with USAID to contribute SEK 52,610,000 (equivalent of USD 5,574,968) in support of this activity. The SIDA funds do not count towards the leverage requirement.

1 Information provided in a ATIC letter dated June 9, 2022 to Robert Parnell, RCO, subject: AO approval of No Cost Extension for the Tekwill project to finalize Tekwill Balti for minimum 60 days after award completion.

2 Resources leveraged can be used to co-fund or coinvest USAID intervention: they are not the economic flows generated by these interventions. Leveraged funds must meet the following criteria to each common intervention with USAID: (1) invested to achieve the same objectives; (2) co-founded or co-invested within the same timeframe of the intervention; (3) impact the same population and in the same geographical coverage.

II. OBJECTIVES

An agreed-upon procedures engagement is not an audit, review, or other assurance engagement. An agreed-upon procedures engagement does not involve obtaining evidence for the purpose of the Auditor expressing an opinion or an assurance conclusion in any form.

The objective of this agreed-upon procedures engagement is:

1) identify instances of potential conflict of interest within the ATIC organization and ATIC’s transactions;

2) verify that all completed procurements and sub-awards involving related parties were conducted under the arm’s length principle;

3) identify material misstatements resulting from related parties transactions;

4) trace reported leveraged cash contributions and the leveraged in-kind contributions to source of the contribution; and

5) all of the above to assist USAID ascertain whether costs charged to the project were allowable, allocable, reasonable, supported and are in conformity with the terms of the Agreement.

III. SCOPE OF AGREED-UPON PROCEDURES

This agreed-upon procedures engagement shall be conducted:

● in accordance with the International Standard on Related Services (ISRS) 4400 (Revised)

AGREED-UPON PROCEDURES ENGAGEMENTS as set by the International Auditing and Assurance Standards Board (IAASB)

● in compliance with the International Ethics Standards Board for Accountants (IESBA) International Code of Ethics for Professional Accountants. Although ISRS 4400 (Revised) provides that independence is not a requirement for agreed-upon procedures engagements, USAID/Moldova requires that the Auditor is independent from the Organization and complies with the independence requirements of the Code of Ethics for Professional Accountants.

● In compliance with the International Code of Ethics for Professional Accountants, in particular Section 210 Conflicts of Interest.

This agreed-upon procedures engagement will encompass specific procedures as listed hereunder, covering the period of the Award from August 24, 2015 to September 23, 2022.

The Auditor will perform:

A. Preliminary Steps

Following is a list of documents that the auditors should review to perform the agreed-upon procedures:

1. The Cooperative Agreement no. AID-117-A-15-00002 between USAID and ATIC including all subsequent Modifications

2. The budgets, implementation letters, and written procedures approved by USAID.

3. Global Development Alliance Annual Program Statement Appendix 1

4. IAASB International Standard of Auditing 550 (Revised)a.pdf

5. 2 CFR 700 and 2CFR 200-Uniform Administrative Requirements, Cost Principles, and

Audit Requirements for Federal Awards

6. Standard Provisions for Non-U.S. Nongovernmental Organizations

7. ISRS 4400 (Revised), Agreed-Upon Procedures Engagements https://www.usaid.gov/GlobalDevLab/documents/global-development-alliance-annual-program-statement https://www.ifac.org/system/files/downloads/a029-2010-iaasb-handbook-isa-550.pdf https://www.usaid.gov/sites/default/files/documents/1868/303maa.pdf https://www.ecfr.gov/current/title-2/subtitle-B/chapter-VII/part-700 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://www.usaid.gov/sites/default/files/documents/303mab.pdf https://www.iaasb.org/publications/international-standard-related-services-isrs-4400-revised

USAID will also provide contact information for related counterparts and stakeholders. The Contractor will be responsible for locating other documents and scheduling meetings and interviews required for this assignment.

B. Definitions

The following definitions are from the International Standard on Auditing 550 (Revised) Related Parties.

“Arm’s length transaction” - a transaction conducted on such terms and conditions as between a willing buyer and a willing seller acting as if they were unrelated and unaffiliated and acting independently pursuing their own best interests;

“Close members of the family” - of an individual are those family members who may be expected to influence, or be influenced by, that individual in the dealings with the entity. They may include:

(a) the individual’s domestic partner and children;

(b) children of the individual’s domestic partner;

(c) dependents of the individual or the individual’s domestic partner;

(d) a relative with whom the individual has a close personal relationship; and

(e) children of such a relative.

“Conflict of interest” - in relation to management or those charged with governance, a situation that arises from (i) being in a position to advance their own personal interests, or the interests of a related party, contrary to their fiduciary responsibilities to the entity, or (ii) having competing responsibilities to two or more entities.

“Material misstatement resulting from related parties” - a material misstatement of the financial statements due to fraud or error arising from the failure to appropriately account for or disclose related party relationships, transactions or balances as required by the applicable financial reporting framework.

“Related party” - A party is related to an entity if:

(a) directly, or indirectly through one or more intermediaries, the party:

(i) controls, is controlled by, or is under common control with, the entity (this includes parents, subsidiaries and fellow subsidiaries);

(ii) has an interest in the entity that gives it significant influence over the entity; or

(iii) has joint control over the entity;

(b) the party is a member of the board of directors (or similar governing body) or is a key management personnel of the entity or its parent;

(c) the party is a close member of the family of any individual referred to in (a) or (b)

(d) the party is a member of the team interested in parallel sub-awardee employment role with one of the sub-awards, thus holding dual roles;

(e) the party is a post-employment benefit plan for the benefit of employees of the entity, or of any entity that is a related party of the entity.

“Related party transactions” - is a transfer of resources, services or obligations between related parties, regardless of whether a price is charged.

C. Agreed-Upon Procedures

The following procedures are intended to provide a logical sequence for the application of agreed-upon procedures and reflect a mutual understanding between the Auditor and USAID/Moldova as to the scope required to meet the International Standard on Related Services 4400 (Revised) and the objectives of this engagement. Any restrictions in the agreed-upon procedures shall be communicated immediately to USAID/ Moldova.

Conflict of interest:

● Conduct an extensive desk review of relevant reports, documents and minutes presented by

USAID/Moldova during the entrance meeting;

● Inspect the Board of Directors and any Committees meeting minutes during the period of the

Award and identify when conflict of interest was discussed;

● Identify the entity’s related parties and the nature of the transactions the entity has entered into with these parties;

● Inspect signed non-disclosure agreements and cross check with the entity's related parties;

● Obtain a list of all transactions between related parties previously identified and previously undisclosed;

● Determine the internal controls over the transactions between the entity and the related parties;

● Identify whether such internal controls were followed, whether corrective actions were agreed, the implementation of the agreed corrective actions, and the level of monitoring;

● Confirm the status of corrective actions to address the identified instances of conflict of interest as of the end date of the award;

● Identify instances where conflict of interest was discussed but no further actions (remedial actions) were identified;

● Inquire with others, including but not limited to former and current members of the Board of

Directors and Management, that may have knowledge of ATIC’s related party relationships and transactions;

● Verify ATIC process for identifying, accounting for, and disclosing related party relationships and transactions; and

● Identify instances in which ATIC’s board or management approved an override of internal controls in place.

Compliance with Procurement and Subaward Policies:

● Inquire of management and/or those charged with award oversight as to whether the organization has a purchasing/procurement policy that establishes a competitive procurement process, and safeguards against bias or conflicts of interest;

● Inspect all completed procurements (physical inspection of items is not required) that involve related parties during the award implementation period and:

o confirm that the selected procurements comply not only with the ATIC’s purchasing/procurement policy, but also with generally accepted purchasing/procurement policies that establish sufficient competitive procurement processes, and safeguards against bias or conflicts of interest;

o confirm that purchase requests clearly establish all requirements that the bidder or offeror must fulfill in order to be evaluated by ATIC;

o identify transactions with characteristics, such as terms that deviate from known market terms, or unusual patterns or trends, such as regular advances to a third party;

o confirm the purpose, specific terms or amounts of the transactions with the related parties;

o compare that all procurements with related parties meet the arm's length principle;

o verify the price is fair and reasonable for selected procurements;

● Identify two or more procurements from the same supplier (vendor) in amounts just under competitive bidding or upper level review limits;

● Confirm that ATIC maintained and conducted all selected award related procurements according to its written purchasing/procurement policy and related procedures; and

● Confirm that ATIC retains all procurement records related to this award in accordance with the Standard Provision, “Accounting, Audit and Records,” and “Procurement Policies”.

● Inquire of management and/or those charged with award oversight as to whether the organization has a sub-awards policy that establishes a competitive award making process, award administration and monitoring, including compliance with the award related provisions.

● Inspect all awarded subawards during the award implementation period and:

o identify instances of conflict of interest o confirm conflict of interest disclosures/declarations o confirm that a risk assessment has been conducted for each proposed subawardees(s)/subrecipient(s) by name, including ATIC’s verification that the subawardees(s)/subrecipient(s):

▪ Does not have active exclusions in the System for Award Management (SAM) (sam.gov);

▪ Does not appear on the Specially Designated Nationals (SDN) and Blocked Persons List maintained by the U.S. Treasury for the Office of Foreign Assets Control, sometimes referred to as the “OFAC List” (online at:

http://www.treasury.gov/resourcecenter/sanctions/SDNList/Pages/default.asp x); and

▪ Is not listed in the United Nations Security designation list.

● Quantify for USAID all awards and subawards that were made on a non-arm’s length basis.

For workload estimate purposes, the table below provides the estimated number of all procurements/invoices and the total value, distributed by year:

Year Nr. of invoices Value, MDL

Average National Bank of Moldova exchange rate Value, USD

2016 520

15,266,071.77 19.9238

766,222.90

2017 689

21,603,876.75 18.4902

1,168,396.06

2018 461

5,686,749.46 16.8031

338,434.54

2019 337

7,981,168.97 17.5751

454,117.98

2020 606

14,080,556.49 17.3201

812,960.46

2021 813

23,422,343.11 17.6816

1,324,673.28

2022 228

12,445,635.41 18.9032

658,387.75

Total 3654

100,486,401.96

5,523,192.98

There are approximately 32 subawards with the total value of $300,000.00. Please note that approximately 20 subawards out of the 32 are included in the table above, as these were awarded as in-kind grants, with the total value of approximately $30,000.00. The remaining subawards are grants totaling approximately $270,000.00.

Leverage:

● Inspect the leveraged cash contributions and leveraged in-kind contributions reported by ATIC and trace them to supporting documentation and/or accounting records.

● Recalculate the leveraged contributions reported to USAID/Moldova to the ATIC records.

● Identify all sources of ATIC’s reported leverage contributions to USAID/Moldova.

http://www.treasury.gov/resourcecenter/sanctions/SDNList/Pages/default.asp

Most of the supporting documents will be made available by ATIC and USAID/Moldova. During performance, the contractor may obtain additional supporting documents from other parties as needed, such as public authorities/registries, previous ATIC board members, etc.

The Auditor will document matters which are important in providing evidence to support the Agreed-Upon Procedures Report, and evidence that the work was carried out in accordance with ISRS 4400.

IV. AGREED-UPON PROCEDURES REPORT DELIVERABLE

The Auditor uses the evidence, both financial and non-financial obtained from agreed upon procedures (III. Scope of Agreed-Upon Procedures) as the basis for the Agreed-Upon Procedures Report. The Report should describe the objective, the agreed-upon procedures, and the factual findings of the engagement in sufficient detail to enable USAID/Moldova to understand the nature and extent of the procedures performed by the Auditor and the factual findings reported by the Auditor.

The format of Agreed-Upon Procedures Report must follow ISRS 4400 (Revised), and any findings identified during the Agreed-Upon Procedures engagement must contain a description of the condition (what is), criteria (what should be), cause (what happened) and effect (what harm was caused by not complying with the criteria).

The Auditor must submit to USAID/Moldova an electronic copy of the draft Agreed-Upon Procedures Report in English. The report should be in Microsoft Word format. USAID/Moldova may also provide written comments on the draft agreed-upon procedures report concerning the facts and conclusions contained in the report to obtain the best possible product.

Following approval by USAID/Moldova, the Auditor must submit to USAID/Moldova an electronic copy of the final and signed Agreed-Upon Procedures Report in English.

V. RELATIONSHIPS AND RESPONSIBILITIES

The client for this contract is USAID/Moldova. The Auditor will work in coordination with USAID/Moldova. The liaison for the agreed-upon procedures engagement will be Alma Patkovic, as the Contracting Officer Representative and Suzanne Johnson, as the Contracting Officer.

VI. PERFORMANCE

The agreed-upon procedures should begin by the 3rd day after signing of the contract and the letter of engagement. It is the responsibility of ATIC to ensure that all records are available, all accounting entries and adjustments are made, and all other necessary steps are taken to make it possible for the audit firm to perform the work necessary to be able to present the final report.

C.6 RESTRICTIONS ON RELEASE AND USE OF INFORMATION

All deliverables under this Purchase Order shall be the sole property of USAID. The Contractor is not authorized to partially or fully release, reproduce, distribute, publish, use, or discuss outside USAID any materials and/or documentation developed in the course of this Purchase Order, including all deliverables. Any unauthorized release and/or use by the Contractor shall require the unauthorized party to indemnify the U.S. Government and its officers, agents, and employees acting for the U.S.

Government against any liability, including costs and expenses, incurred as the result thereof. Prior to commencing works under this purchase order, the Contractor must sign a Nondisclosure Agreement and a Conflict of Interest Statement.

[END OF SECTION C]

SECTION D – CONTRACT CLAUSES

D.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

The following contract clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" provided below. See FAR 52.252-2 for an internet address (if specified) for electronic access to the full text of a clause.

NUMBER TITLE

FEDERAL ACQUISITION REGULATION

(48 CFR Chapter 1)

DATE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

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

DEC 2022

52.222-50 Combating Trafficking in Persons NOV 2021

52.225-13 Restrictions on certain foreign purchases FEB 2021

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

JUN 2020

52.227-17 Rights in Data—Special Works DEC 2007

52.232-25 Prompt Payment JAN 2017

52.232-33 Payment by Electronic Funds Transfer OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes-Fixed-Price AUG 1987 52.243-1 Changes-Fixed-Price (Alternate I) APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services.

JUN 2023

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form)

APR 1984

52.249-8 Termination for Default (Fixed-Price Supply and Service)

APR 1984

D.2 AIDAR 752.252-2 AIDAR CLAUSES INCORPORATED BY REFERENCE (MAR 2015)

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 all AIDAR solicitation provisions and contract clause is contained in the Code of Federal Regulations (CFR) located at 48 CFR chapter 7.

USAID ACQUISITION REGULATION (48 CFR CHAPTER 7) CLAUSES incorporated by reference:

752.202-1 DEFINITIONS JAN 1990

752.211-70 LANGUAGE AND MEASUREMENT JUN 1992

752.7006 NOTICES APR 1984

752.7013 CONTRACTORS-MISSION RELATIONSHIPS JUN 2022

(AAPD 18-03

Revision 2)

752.7025 APPROVALS APR 1984

D.3 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JUN 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 Subcontractors (MAR

2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

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

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

__ (3) 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.)

https://www.usaid.gov/work-usaid/aapds-cibs/aapd-18-03-Rev2 https://www.usaid.gov/work-usaid/aapds-cibs/aapd-18-03-Rev2 https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section

743 of Div. C).

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

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

_X_ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-328).

__ (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 Rerepresentation (MAR 2023)( 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 (JUN 2003) (E.O.11755).

__ (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).

https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.204-27#FAR_52_204_27 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 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/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 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/52.219-9#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 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 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 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21

__ (31)

(i) 52.222-26, Equal Opportunity (SEP 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 (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.

_X_ (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).

__ (48)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).con __ (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 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 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 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 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 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 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/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 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/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 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/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18 https://www.acquisition.gov/far/52.223-20#FAR_52_223_20 https://www.acquisition.gov/far/52.223-21#FAR_52_223_21 https://www.acquisition.gov/far/52.224-3#FAR_52_224_3 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/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.225-1#FAR_52_225_1 https://www.acquisition.gov/far/52.225-3#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001

(sections 4501-4732), Public Law 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.

(c) The Contractor shall comply with the FAR…