SOL-OAA-16-000002_-_Secuirty_Invesitgator_BOA_-_Solicitation.pdf

Issuance date: November 2, 2015 Closing date for Questions: November 13, 2015, 5:00 PM Eastern Time Closing date to Receive Responses: December 2, 2015, 5:00 PM Eastern Time

SUBJECT: Request for Proposal (RFP) No. SOL-OAA-16-000002 for USAID Security

Investigators

Dear Sir or Madam, The United States Government, represented by the U.S. Agency for International Development (USAID), is soliciting proposals from qualified contractors to provide security investigation services to USAID. The purpose of this solicitation is to contract a pool of qualified and capable Security Investigators through Basic Ordering Agreements (BOA) to conduct security investigations for USAID.

The period of performance for the award is expected to be five (5) years. Proposals will be evaluated on the basis of the criteria described in Section E. Award will be made to the offerors whose proposals offer the best value to the Government. This acquisition is restricted to small businesses only. The NAICS code for this solicitation is 561611.

Instructions to respond to this solicitation are contained in Section E of this document. USAID anticipates awarding up to 100 BOAs under this solicitation, each with a total ordering maximum of $500,000.

Any questions regarding this solicitation should be submitted in writing only by the date and time shown above. Questions will not be accepted after this time. Proposals must be sent via e-mail to BOAINVESTIGATORS@usaid.gov by the closing date and time shown above.

Issuance of this solicitation does not constitute an award commitment on the part of the U.S Government, nor does it commit the U.S. Government to pay for the costs incurred in the preparation and submission of proposals. The Government also reserves the right to not make an award.

Sincerely, /s/ Patrick Mudd Contracting Officer mailto:BOAINVESTIGATORS@usaid.gov

SOL-OAA-16-000002 Security Investigators

B.1. STATEMENT OF WORK

B.1.1 Background

The United States Agency for International Development (USAID), Office of Security (SEC) is an authorized Agency with Delegated Authority from the Office of Personnel Management (OPM). This authority allows USAID to conduct background investigations for security clearance purposes on its Direct Hire (Civil and Foreign Service) and Contract employees. In the past, USAID has utilized Blanket Purchase Agreements (BPA) with individual contract investigators to perform the background investigations of its employees. BPAs were awarded to individual contract investigators who had investigative experience performing background investigations. These individual contract investigators were self-employed independent contractors.

B.1.2 Scope

The scope of this award is for security investigators (herein referred to as “security investigator(s)” ‘investigator(s)” “contractor(s)” or “BOA holder(s)”) to conduct Single Scope Background Investigations (SSBI), Periodic Reinvestigations (SSBI-PR), and other personnel security related investigations under a Basic Ordering Agreement (BOA). There will be no minimum or maximum guaranteed quantity under this BOA. Background investigations will be conducted in full compliance with Executive Orders 10450 and 12968, as amended; the current Federal Investigative Standards, Security Policy Board issuance’s 1-97 and 2-97; the Privacy Act of 1974; the Right to Financial Privacy Act; and other relevant regulations, and USAID/SEC policies and procedures which are set forth in the USAID Special Agent Manual.

B.1.3 Objectives

The objective of this agreement is to contract with a pool of qualified and capable Security Investigators to conduct security investigations for USAID.

B.1.4 Requirements & Assignments

A. Contractor Requirements

1. Contractors must comply with the standards and requirements prescribed by USAID/SEC policies, standards, and procedures as outlined in the USAID Special Agent Manual and Field Investigations Standard Operating Procedures (SOP).

Background investigations will be conducted in full compliance with Executive Orders 10450 and 12968, as amended; the current Federal Investigative Standards, Security Policy Board issuance’s 1-97 and 2-97; the Privacy Act of 1974; the Right to Financial Privacy Act; and other relevant regulations, and USAID/SEC policies and procedures which are set forth in the USAID Special Agent Manual.

2. Contractors must have a minimum of three years of personnel security background investigative experience working for or on behalf of the United States Government.

3. Contractors must have, or be able to obtain a Top Secret security clearance based on a favorably adjudicated Single Scope Background Investigation to be considered for award. Contractors must be a US citizen and must possess a current US Passport.

4. Contractors must participate in orientation training in the Washington, DC area and attend periodic refresher training scheduled by USAID/SEC. Contractors will be assigned to a Primary Regional Area (PRA) within reasonable proximity of their residence (to the extent possible, within a 150-mile radius of the residence) where the majority of their work will be performed.

5. Contractors must be a small-business, have a Dun & Bradstreet (DUNS) number, and must maintain registration with the System for Award Management or SAM at www.sam.gov

6. Contractors must notify the Contracting Officer’s Representative (COR)/Investigative

Program Manager (IPM) of their availability to accept case assignments and must accept a minimum of three (3) investigative cases per month, if assigned,. Frequency and method of notification will be provided to the COR/IPM at the orientation meeting.

7. Contractors must be ready, willing, and able to complete assignments within the designated suspense periods (periods of performance). Designated suspense periods are normally 21 calendar days for an SSBI investigation, 21 calendar days for a Periodic Reinvestigation, and 14-21 calendar days for a Limited Inquiry/Special Investigation.

8. The USAID/SEC quality assurance program includes a ride-along with each Contractor to be incorporated as part of the annual review. Each Contractor must be available for at least one (1) ride-along with the COR per year.

9. Contractors must be computer literate, proficient in Microsoft Word and Microsoft

Excel, and have e-mail and scanning capabilities. Contractors must also have access to a scanner capable of scanning documents at the Sensitive But Unclassified (SBU) designation level.

10. Contractors must possess sufficient computer equipment to support orders. The BOA holder must be able to support the submission of unclassified data only to USAID/SEC through secure online means. Any computers connected to, or transmitting to the government must be properly protected from computer viruses.

All SBU and Personally Identifiable Information (PII) must be properly protected at all times. The Contractor must be capable of supporting the software packages utilized by U.S. Agency for International Development for the indicated processors.

http://www.sam.gov/

Specific software packages utilized within a program office shall be stated in the project order if it is other than Microsoft Office Professional or Microsoft Project.

B. Investigation Assignments

1. All Project Orders must be acknowledged and accepted by the contractor within three working days, or the order will be transferred to another contractor. Contractor’s must be ready, willing, , and able to begin assignments within 5 calendar days of receipt of valid order; and complete assignments within the designated suspense periods, which are normally 21 calendar days for an SSBI investigation, 21 calendar days for a Periodic Reinvestigation and 14-21 calendar days for a Limited Inquiry/Special Investigation. All deliverables must be in compliance with policies as detailed in this agreement and subsequent orders.

2. With each investigative assignment (project order) which authorizes them to perform the work and contains administrative information pertaining to the work. Contractors will be tasked to complete the following investigative coverage in accordance with the Federal Investigative Standards (FIS):

• Schedule and conduct a Subject Interview of the assigned security clearance candidate, resolving any issues pertaining to the 13 National Security Adjudication Guidelines;

• Verify identity and citizenship status;

• Verify employment during the past five (5) to seven (7) years through records and interviews;

• Verify claims of residence during the past three (3) years through records and interviews;

• Verify statements of educational achievement through records and interviews;

• Conduct interviews of references;

• Conduct interviews of ex-spouses;

• Conduct Local Agency (law enforcement agency) Checks (LACS);

• Verify public records, divorce, bankruptcy, civil/criminal actions;

• Expand the investigation, as necessary;

• Conduct Limited Inquiries that address issues pertaining to the 13 National

Security Adjudication Guidelines (e.g., drug use, arrests, financial responsibility, mental health, etc.) and other types of Special Investigations conducted in close association with Security Branch Management;.

• Provide assistance and investigative support services to the Investigations Program as deemed necessary and appropriate.

• Contractors may be tasked with special projects in order to assist the Investigations Program.

3. Contractors must prepare all Reports of Investigations (ROI) in strict conformance with reporting requirements outlined in the USAID/SEC Special Agent Manual or any subsequent policy memos or guidance provided by USAID/SEC. All ROIs will be subjected to a thorough quality assurance review. All reports must bear the name of the Contractor, and must be prepared in the English language, unless otherwise specified.

4. Upon completion of the investigation, the Contractor is required to submit the ROI directly to the USAID/SEC Field Investigations Branch, along with the PO and Voucher. The Project Order, which serves as the Case Assignment and Funding Authorization, identifies USAID’s COR as the sender; Agent’s Name; Project Order Number; Date of Assignment; Suspense Date; Case Number; Subject’s name; Type of Investigation; and Hourly Rate; Labor Hours and other direct costs or travel costs authorized. The Voucher reflects the contract investigator’s name; Project Order Number; dates of investigative activities; number of hours spent on each activity;

expenses; total amounts; and investigator’s signature. Vouchers and Project Orders are subsequently reviewed and either approved or disapproved by the COR.

5. The contractor, at the time of submitting his/her report of investigation and related documents, must also complete a voucher on-line. The website address will be provided to the Contractor during initial training and orientation. The Contractor will submit the voucher online, save the document, and download a copy of the voucher for his/her file. Contractor must submit a printed and signed copy of the voucher upon ROI submission. If policy mandates the use of the USAID Secure Portal or other electronic means, the signed voucher must be scanned and submitted electronically per policy as set forth by the COR/IPM.

6. The Contractor is required to receive all case-related materials and send all ROIs and other case related materials via the prescribed method (either via FedEx or USAID Secure Portal or via case management system) as set forth in policy by the COR/IPM.

If policy mandates the use of mail via FedEx (using USAID/SEC’s account number) this will include all reports of investigations, vouchers, and relevant documents to the COR/IPM upon completion of each investigation. FedEx will be utilized when the Portal or electronic system is not operational. In the event a Contractor fails to use the appropriate USAID FedEx Account Data when preparing a FedEx shipping label, the Contractor will be solely responsible for all related charges incurred. If policy mandates the use of the USAID Secure Portal or case management system, all documents to include reports of investigations, attachments, vouchers, or any other case related materials must be transmitted electronically as set forth in policy by the

COR/IPM.

C. USAID Responsibilities

1. USAID will provide individual Contractor cost authorizations (copies of Project

Orders) to the Financial Management and Payroll services company for each Contractor assignment and notify the Financial Management and Payroll services company of any additional expenses that are authorized, or of any amendments to a Project Order.

2. USAID will provide approved individual Contractor vouchers to the Financial Management and Payroll services company for each Contractor assignment.

Vouchers that have been reviewed and approved by the will be marked “Approved.”

3. USAID/Office of Security will provide each Contractor with training and support services to ensure compliance with established policies, procedures, and standards.

B.1.5 Ordering Procedures

a. The ordering period for this BOA will be the period of the BOA as stated in the schedule of this agreement. Project Orders placed under this award may not extend beyond six (6) months of the expiration of this agreement. The BOA holder must furnish all the necessary materials, facilities, and management resources to furnish the services set forth in the statement of work, within the terms specified, and at the price(s) stated. All orders will be issued at the labor rates listed on Section B.2 Awarded Prices.

b. It is understood and agreed that the BOA holder will provide Labor-Hour estimates when requested by the COR. The Contractor's proposal must be priced using labor rates herein provided.

c. It is intended that all project orders issued for performance under this BOA will be issued utilizing the fixed labor hour rate.

d. The labor hours specified in each order represent the hours not to be exceeded. The BOA holder will not be paid more than the ceiling price of labor hours specified in the order.

e. In the event the BOA holder expends fewer hours than set forth in the individual order, the total order shall be adjusted to reflect the actual number of hours expended and the final order price. In no case will the final price exceed the ceiling price of the order.

f. Notwithstanding any other provision, the BOA holder must maintain sufficient accounting records for verification of the hours incurred in the performance of each order. It is further understood and agreed that the accounting records must be made available for Government review during the performance of this agreement for up to three (3) years after final payment is made under all project orders.

g. Order Management Requirements: Delivery of services will be implemented only if directed by an order. The BOA holder will respond in no more than three (3) working days from the issuance of the order. The BOA holder will arrange for a meeting with the COR, when needed, to obtain the necessary detailed information to proceed with the task.

h. Order Procedures: Each order will contain a description of the task, the deliverables, and the order start and completion date.

i. Order Accounting: The BOA holder's order accounting system must provide traceability of all labor hour and cost reimbursable elements (e.g. travel expenses, material, and other authorized direct costs). Under no circumstances will any invoice exceed the period of performance, hours, or ceiling price for any funded order. The BOA holder will separately track and invoice for hours and travel costs incurred. All invoices submitted for payment must clearly identify:

1. Project order number.

2. Order Period of performance

3. Labor hours expended to complete investigation type

4. Other costs incurred

5. Grand total of invoice

j. The BOA holder must prepare and maintain a funds and labor hour expenditure report for each order. The BOA holder will submit reports, in contractor format, to the COR and Contracting Officer on a regular basis as defined by each project order. Reporting must include schedule by assignment, labor hour expenditures by assignment, cost reimbursable elements, calendar of supported travel, reviews, meetings and briefings, deliverables status and an estimated completion date. The report must also identify the most significant cost driver(s) for each assignment (i.e. Schedule, Type of Program, and Complexity), the value of the driver, and a brief explanation. The Government must identify a standard set of activities and definitions. For each task, the BOA holder must identify the approximate percentage of hours allocated to those activities. Until such a time as the Government provides this standard set of activities, the BOA holder will not be required to provide this information. These reports will be submitted electronically.

k. Closeout Procedures: To facilitate closeout of individual orders placed under this BOA, within thirty (30) days of completion of any individual project order, the BOA holder must present a final invoice to the Contracting Officer Representative that contains a complete accounting of hours expended, the prices associated with those hours, any cost reimbursable expenses, and a proposed final price.

B.1.6. Limitations

A. Nondisclosure of Sensitive and/or Proprietary Data

The BOA holder will receive or have access to certain sensitive information provided on a proprietary basis. The BOA holder will be required by USAID to agree to use and examine this information exclusively for the performance of this agreement and subsequent orders. The BOA holder must take the necessary steps, in accordance with Government regulations, to prevent disclosure of such information to any party outside the Government or Government designated contractors possessing appropriate proprietary agreements. All BOA holders must sign non-disclosure agreements and privacy agreements prior to accepting any project orders.

B. Non-Personal Services

1) In performance of this work, the BOA holder will provide support in the form of services required by USAID/SEC to support the management of their overall mission.

Services will be specified in the project order for the effort.

2) The services required under the BOA constitute advisory and assistance services within the definition provided by FAR 2.101. Under this BOA the Government will obtain professional services, which are essential to the USAID mission but not otherwise available within USAID.

3) The Government will neither supervise BOA holders nor control the method by which the BOA holder performs the required assignments. Under no circumstances shall the Government prepare work schedules for, individual BOA holder employees. It is the responsibility of the BOA holder to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BOA holder feels that any actions constitute, or are perceived to constitute, personal services, it is be the BOA holder's further responsibility to notify the Contracting Officer immediately.

4) The BOA holder will not provide technical direction to any other BOA holder or government personnel at any time. Neither will the Government directly supervise BOA holders. The COR/IPM should conduct day to day technical direction of BOA holder personnel wherever the BOA holder personnel are located.

5) These services will not be used to perform work of a policy, decision making, or management nature. All decisions relative to programs supported by BOA holders will be the sole responsibility of the Government.

C. Prohibited Activities

The BOA holder will not perform tasks under any resultant order which involve the following:

1) Evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for services

2) Preparation of documentation for future orders for services

BOA holders must not accept or perform any order that does not contain a project order number.

D. BOA Holder Identification

The BOA holder will be required to wear a USAID identification badge in order to distinguish themselves from direct hire Government employees. When conversing with Government personnel during business meetings and over the telephone, Contractors must identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees.

B.2 AWARDED PRICES

Contractors will be paid for services rendered up to a maximum ceiling of $500,000 over the five

(5) year ordering period. The BOA holder must enroll with USAID’s payroll services contractor in order to receive payments and reimbursement of other expenses under this BOA. The Contractor will be paid for authorized services at the following fixed hourly rates:

Year 1 through Year 5: $48.00 per hour

Each order will contain authorization of any expenses necessary for the performance of the work, including travel and transportation costs, per diem, or other related expenses. Applicable per diem rates will be in accordance with Federal Travel Regulations, Title 41 CFR, Chapter 301.

B.3 PAYMENT & INVOICING

1. Payment will be made based on authorized project orders placed against this BOA.

2. Each BOA holder will receive payment from a third party payroll services provider selected and contracted by USAID.

3. The third party payroll service provider’s online system will enable individual BOA holders to register and enroll with the third party service provider through a secure web-based system;

4. The third party service provider will provide appropriate orientation materials on how to use the online system.

5. Each BOA holder is required to directly submit their individual vouchers to the COR for approval and to the third party service provide for disbursement of payment. The third party service provider will provide payment to each BOA holder once the authorization has been granted by the COR. The third party service providers will process the payment within 10 days after funding has been received from USAID.

6. Each BOA holder will be able to review the status of their pending payments through the third party service provider’s established online system.

7. Each BOA holder will have access to telephonic and online (email and/or chat) support services provided by the third party service provider from 8:30 a.m. through 5:30 p.m. EST.

8. Inspection and acceptance of Vouchers must be accomplished as follows:

a. Upon completion of the investigation, the Contractor is required to submit a report of investigation (ROI) directly to the Office of Security

b. The Contractor will submit the Project Order and Voucher directly to the third party payroll service provider.

c. The Project Order, which serves as the Case Assignment and Funding Authorization, identifies USAID’s COR as the sender; Agent’s Name; Project Order Number; Date of Assignment; Suspense Date; Case Number; Subject’s name; Type of Investigation;

Hourly Rate; Labor-Hours and Expenses authorized.

d. The voucher must reflect the contract investigator’s name; Project Order Number;

dates of investigative activities; number of hours spent on each activity; expenses;

total amounts; and investigator’s signature.

e. Vouchers are subsequently reviewed and either approved or disapproved by the COR.

9. The BOA holder, at the time of submitting his/her report of investigation and related documents, must also complete a voucher on-line. The website address will be provided during initial training and orientation. The BOA holder will submit the voucher online, save the document, and download a copy of the voucher for his/her file. The BOA holder must submit a printed and signed copy of the voucher upon ROI submission via electronic means or FedEx if directed. Policy mandates the use of the USAID Secure Portal or electronic means, the signed voucher must be scanned and submitted electronically per policy as set forth by the COR/IPM.

10. Contractors are required to receive all case-related materials and send all ROIs and other case related materials via the prescribed method (either via FedEx or USAID Secure Portal, or any future case management system) as set forth in policy by the COR/IPM. If policy mandates the use of mail via FedEx (using USAID/Office of Security’s account number) this will include all reports of investigations, vouchers, and relevant documents to the COR/IPM upon completion of each investigation. In the event a Contractor fails to use the appropriate USAID FedEx Account Data when preparing a FedEx shipping label, the contractor will be solely responsible for all related charges incurred unless authorized by the COR. If policy mandates the use of the USAID Secure Portal or case management system, all documents to include reports of investigations, attachments, vouchers, or any other case related materials must be transmitted electronically as set forth in policy by the COR/IPM. The Portal (or any future case management system) requires that each Contractor have access to a computer with internet connection in order to access and receive all case related materials, as well as to transmit all ROIs with appropriate case related materials. The Contractor must have access to a scanner to scan all case related documents (e.g. attachments, etc.) while accessing the Portal online.

B.4 OBLIGATION OF FUNDS

This BOA does not obligate any funds. The Government is obligated only to the extent of authorized project orders issued under the BOA.

B.5 PURCHASE LIMITATION

No single order shall exceed $30,000 including travel expenses. The ceiling price of the total of all orders issued under this BOA shall not exceed $500,000 per BOA holder over the five (5) year period, inclusive of travel related expenses, and other approved expenses associated with the Project Order. If at any time the Contractor has reason to believe that the cost will exceed the individual order limitation, the contractor must notify the COR. Any time the BOA holder has reason to believe that cost will exceed 85% of the ceiling price; they must notify the Contracting Officer and Contracting Officer Representative.

B.6 INDIVIDUALS AUTHORIZED TO PURCHASE

The COR, and the alternate COR, represent U.S. Agency for International Development, and are the only users authorized to place orders under this BOA Orders under this BOA will only be issued if funds are certified and the BOA awarding office's Project Order number is assigned.

B.7 CANCELLATION

This BOA may be canceled with thirty (30) days written notice by either party.

B.8 TRAVEL

The Government will reimburse the cost of travel required in conjunction with performance of orders issued under this BOA. Reimbursement for travel is limited to that required in the performance of the order. Specific Government direction to attend meetings or gather information must be paid on a cost-reimbursable basis only. Local travel or the relocation of BOA holder personnel from other geographic areas for the purpose of staffing an order are not subject to reimbursement. The Government will not pay travel charges for travel to and from the BOA holder’s home and Government Office, or to and from one company building to another.

Travel costs subject to reimbursement are limited to expenses related to travel occurring at the direction of the Government, performed in conjunction with a specific requirement for a trip authorized in the order. Any administrative or clerical support travel costs will be considered and approved by the COR on a case-by-case basis. Travel associated with ‘Special Projects’ will not be reimbursed, however exceptions may be made by the COR on a case by case basis.

B.9 FEDERAL HOLIDAYS

BOA holders will not be eligible for holiday pay if work is performed on a holiday. Pay will be paid at the fixed hourly rate for any charges that are incurred and billed to any project order on this BOA on any Federal Holiday listed below.

New Years Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

B.10 ORDER OF PRECEDENCE

Any inconsistencies between the BOA and orders from this BOA must be resolved by giving precedence to the BOA.

B.11 PLACE OF PERFORMANCE

The contractor will conduct work at various locations throughout the United States as needed to complete their assigned investigations.

B.12 PERIOD OF PERFORMANCE

The period of performance of this award is from March 1, 2015 to April 30, 2020. This BOA may be reviewed annually before the anniversary of its effective date and revised as necessary.

B.13 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

The Contractor is prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services specified in the project orders unless the use of Government facilities or personnel is specifically authorized in the project orders or is authorized in advance, in writing, by the COR.

B.14 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this BOA, and notwithstanding any provisions contained elsewhere in this agreement, authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the agreement terms and conditions, including price.

B.15 REPRESENTATIVE OF THE CONTRACTING OFFICER

1. The Contracting Officer’s Representative (COR) designated for this agreement is: [To be completed at time of award], is authorized to act as an official representative of the Contracting Officer. The alternate designated for this agreement is: [To be completed at time of award] is only authorized to act in the absence of the COR.

2. The COR is designated by the Contracting Officer and authorized to act within the limitations specified herein and written restrictions specifically imposed under the terms of the order and by the Contracting Officer. This authority must extend to the following:

inspection, acceptance, or rejection of work.

3. This designation does not include authority to direct changes in scope, price, terms or conditions of this agreement. The authority herein also does not include authority to execute modifications to the BOA, which require the signature of the Contracting Officer, or to bind the Government by contract in terms of a proposed contract change.

B.16 CONTRACTOR’S ADMINISTRATIVE AND LOGISTICS ARRANGEMENTS

The Contractor will be responsible for all administrative support and logistics required to fulfill the requirements of any project orders. These will include all travel arrangements, appointment scheduling, secretarial services, report preparations services, printing, and duplicating.

SECTION C – CONTRACT CLAUSES

C.1 FAR & AIDAR CLAUSES INCORPORATED BY REFERNCE

The following clauses are applicable to this procurement. Full text of FAR Clauses can be found at www.acquisition.gov and AIDAR Clauses can be found at http://www.usaid.gov/policy/ads/300/aidar.pdf

FAR CLAUSES:

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS. (APR 2014)

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS.

(MAY 2015)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT

MESSAGING WHILE DRIVING. (AUG 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-

REPRESENTATION AND CERTIFICATIONS. (OCT 2015)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN

2013)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT

2004)

AIDAR CLAUSES:

752.202-1 DEFINITIONS (JAN 1990)

752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

752.7006 NOTICES (APR 1984)

752.7008 USE OF GOVERNMENT FACILITIES OR PERSONNEL (APR 1984)

752.211-70 LANGUAGE AND MEASUREMENT (JUN 1992)

752.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL

DISADVANTAGED BUSINESS CONCERNS (MAR 2015)

752.7025 APPROVALS (APR 1984)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (OCT

2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014) http://www.acquisition.gov/ http://www.usaid.gov/policy/ads/300/aidar.pdf

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (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.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (OCT 2015) (31 U.S.C. 6101 note).

[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(JUL 2013) (41 U.S.C. 2313).

[] (10) (Reserved)

[] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C.

657a).

[] (ii) Alternate I (NOV 2011) of 52.219-3.

[] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (ii) Alternate I (JAN 2011) of 52.219-4.

[] (13) (Reserved)

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

[] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

[] (ii) Alternate I (OCT 1995) of 52.219-7.

[] (iii) Alternate II (MAR 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

[] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2015) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (OCT 2001) of 52.219-9.

[] (iii) Alternate II (OCT 2001) of 52.219-9.

[] (iv) Alternate III (OCT 2015) of 52.219-9.

[] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[X] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

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

[] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

632(a)(2)).

[] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

[] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

[] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O.

13126).

[] (27) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[] (28) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

[] (29) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

[] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[] (31) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212).

[] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (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).

[X] (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[] (35)(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.)

[] (36)(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.

[] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

[] (39)(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] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[] (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.

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

[] (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[X] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[X] (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

[] (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

[] (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[] (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

[] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (10) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xi) X (A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

__Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (E.O.

13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

C.3 PERIODIC PROGRESS REPORTS (OCT 2007)

(a) The contractor shall prepare and submit progress reports as specified in the contract schedule. These reports are separate from the interim and final performance evaluation reports prepared by USAID in accordance with (48 CFR) FAR 42.15 and internal Agency procedures, but they may be used by USAID personnel or their authorized representatives when evaluating the contractor's performance.

(b) During any delay in furnishing a progress report required under this contract, the contracting officer may withhold from payment an amount not to exceed US$25,000 (or local currency equivalent) or 5 percent of the amount of this contract, whichever is less, until such time as the contractor submits the report or the contracting officer determines that the delay no longer has a detrimental effect on the Government's ability to monitor the contractor's progress.

C.4 USAID IMPLEMENTING PARTNER NOTIFICATION (IPN) PORTAL FOR

ACQUISITION (JULY 2014)

a) Definitions

“USAID Implementing Partner Notices (IPN) Portal for Acquisition (“IPN Portal”)” means the single point where USAID posts universal bilateral modifications, which can be accessed electronically by registered USAID contractors. The IPN Portal is located at https://sites.google.com/site/ipnforacquisitions/.

“IPN Portal Administrator” means the USAID official designated by the M/OAA Director, who has overall responsibility for managing the USAID Implementing Partner Notices Portal for Acquisition.

“Universal bilateral modification” means modifications such as those that update or incorporate new FAR or AIDAR clauses, other terms and conditions, or special requirements that affect all awards or a class of awards as specified in the Agency notification of such terms and conditions or special requirements.

b) By submission of an offer and execution of a contract, the Offeror/Contractor acknowledges the requirement to:

(1) Register with the IPN Portal if awarded a contract resulting from this solicitation, and

(2) Receive universal bilateral modifications to this contract and general notices via the IPN Portal.

c) Procedure to register for notifications.

Go to: https://sites.google.com/site/usaidipnforacquisitions/ and click the “Register” button at the top of the page. Contractor representatives must use their official organization email address when subscribing, not personal email addresses.

d) Processing of IPN Portal Modifications The contractor may access the IPN Portal at any time to review all IPN Portal modifications;

however, the system will also notify the contractor by email when the USAID IPN Portal Administrator posts a universal bilateral modification for contractor review and signature.

Proposed IPN Portal modifications distributed via the IPN Portal are applicable to all awards, unless otherwise noted in the proposed modification.

Within 15 calendar days from receipt of the notification email from the IPN Portal, the contractor must do one of the following:

(1) (a) verify applicability of the proposed modification for their award(s) per the instructions provided with each modification; (b) download the modification and incorporate the following information on the SF30 form: contract number, organization name, and organization mailing address as it…