SOL-OAA-16-000029.SECAdminFinanceServices.pdf

SOL-OAA-16-000029

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 PURPOSE

The United States Agency for International Development (USAID) requires administrative and financial support services for the Office of Security (SEC).

B.2 CONTRACT TYPE

This is a Firm-Fixed-Price contract with a total ceiling price of $TBD. For the consideration set forth below, the Contractor will provide the deliverables or outputs described in Section C at prices consistent with Section B of this contract.

B.3 CONTRACT LINE ITEM NUMBERS

This contract will be paid based on Contract Line Item Numbers (CLINs). The CLINs under this award are defined as follows:

1. CLIN 1 is for payment of Contractor services in the performance of this award. Payment will be made at the fixed price amounts designated in this award.

2. CLIN 2 is for pass-through payments to security investigators as described in Section C.

Amounts designated for CLIN 2 in this award are maximum amounts only, and exact amounts of pass-through payments will be determined by USAID during the course of the award. The Contractor is not entitled to be paid amounts designated for CLIN 2 as a fee for services provided.

B.4 PRICE

1. The firm fixed price for the Base Year of the performance of the work required hereunder is:

a. CLIN 1 Contractor Services: $TBD.

b. CLIN 2 Investigator Pass-through Payments: $2,500,000.

2. The firm fixed price for Option Year 1 of the performance of the work required

3. The firm fixed price for Option Year 2 of the performance of the work required

4. The firm fixed price for Option Year 3 of the performance of the work required

5. The firm fixed price for Option Year 4 of the performance of the work required

B.5 OBLIGATED AMOUNT

The amount currently obligated and available for payment to the Contractor for performance and pass-through payments hereunder is:

1. CLIN 1 Contractor Services: $TBD.

2. CLIN 2 Investigator Pass-through Payments: $TBD.

[END SECTION B]

SECTION C – STATEMENT OF WORK

C.1. BACKGROUND

The United States Agency for International Development Office of Security (USAID/SEC) is responsible for conducting personnel security and suitability investigations on individuals selected to enter on duty with USAID and to update security clearances on individuals already employed by the Agency. Certain aspects of these investigations require extensive field work by trained and experienced personnel. USAID obtains these security investigation services via a Blanket Ordering Agreement (BOA) issued to designated contract investigators. The BOA is typically awarded to approximately 100 investigators throughout the United States. These investigators are required to conduct personnel security and suitability related investigations pursuant to Executive Orders 12968, 10450, 13488, and 13467; applicable regulations which include 5 CFR 731 and 5 CFR 732; and USAID/SEC policies and procedures.

SEC manages the operational activities associated with this mission and provides each investigator with training and administrative support. For each investigative case assignment, investigators are selected and tasked to complete specific investigative work. Once selected to perform work, the investigator receives a Project Order (PO), which serves as the case assignment and the funding authorization document. The PO contains the following information: (1) the USAID Contracting Officer's Representative (COR) as the sender, (2) name of the investigator assigned to the case, (3) investigator's identification number (as assigned by USAID), (4) PO number, (5) case number, (6) date of assignment, (7) suspense date (date by which the work must be completed, as determined by USAID), (8) case type, (9) USAID applicant's last name, (10) number of service-hours authorized, (11) hourly rate authorized, (12) maximum amount of funds approved for service-hours and expenses, and (13) comment section for additional information, as needed.

Upon completion of the investigation, the investigator is required to submit to SEC a Report of Investigation (ROI) based on their assigned work, along with a completed voucher and any applicable receipts. The voucher must contain the following information: (1) name of the investigator assigned to the case, (2) investigator's identification number, (3) PO number, (4) case number, (5) case type, (6) USAID applicant's last name, (7) number of service-hours authorized, (8) hourly rate authorized, (9) authorized expenses, (10) dates of investigative activities, (11) number of hours spent on each activity, and (12) the contract investigator's signature. Authorized expenses in addition to service-hours authorized may include parking fees, tolls, driving time, transportation costs, and other related expenses. Each of these expenses is identified by a specific code on the voucher. Vouchers are reviewed and either approved or disapproved by the COR. On a weekly basis, approved vouchers are submitted electronically to the Administrative and Financial Support Services Contractor for further processing and payment to the investigator.

C.2 TITLE AND SCOPE

The title of this award is the Administrative and Financial Support Services Contract. This contract will provide services to support the BOA awarded to approximately 100 security investigators whose individual rates may reach a maximum of $500,000 each gross pay over a five (5) year period. Total investigator payments for services performed may reach approximately $208,000 in payments per month.

C.3 OBJECTIVE

The objective of this contract is to provide administrative support and payment and reimbursement services to all authorized investigators performing work under the security investigator BOA with USAID/SEC.

C.4 CONTRACTOR REQUIREMENTS

a. Administrative Support Services

1. The Contractor must create an online central repository of information with appropriate interfaces and have the logistical capability to adequately safeguard and maintain records of all completed accounting processes and personal data regarding all investigators. The Contractor must ensure that all financial and personal records are appropriately safeguarded.

2. The Contractor must provide online capability for administrative services to all investigators and provide appropriate portal interfaces to facilitate accessing such information via the Internet. Investigators under the above mentioned BOA must enroll in this online system designated by the Contractor in order to receive administrative support, receive payments, and access related information.

3. The Contractor must provide online training accessible via the Internet for the investigators. This online training will provide information and tutorials on how to access and use the Contractor’s online system as described in this Section.

4. The Contractor must provide the investigators, via the online system, access to 1099 tax forms on an annual basis, or as required by the Internal Revenue Service (IRS).

5. The Contractor’s online system must be able to provide the COR with the capability to reconcile assigned cases, closed cases, and pending payments.

6. The Contractor’s online system must have the capability for the COR to provide feedback directly to the Contractor for bug reporting and enhancement. Requests by the COR to correct or revise a feature or function in the system must be completed within five (5) business days. In the case of a fix that requires more than five (5) business days to correct or revise, the fix will be completed within a timeframe agreed upon in writing by the COR and the Contractor.

7. The Contractor must provide telephonic and online (email and chat) support services for the investigators and be accessible to the COR and other designated SEC staff. The hours of support services will be from 8:30am (EST) through 5:30pm (EST), Monday through Friday, excluding Federal holidays.

b. Financial Support Services

1. The Contractor must create an online system such that the COR can create a Project Order (PO) for each investigative case assignment that captures the following information: (1) COR as the sender, (2) name of the investigator assigned to the case, (3) investigator's identification number (as assigned by USAID), (4) PO number, (5) case number, (6) date of assignment, (7) suspense date (date by which the work must be completed, as determined by USAID), (8) case type, (9) USAID applicant's last name,

(10) number of service-hours authorized, (11) hourly rate authorized, (12) maximum amount of funds approved for service-hours and expenses, and (13) comment section for additional information, as needed. The online system will also allow the investigator to create a voucher based on the PO assigned which contains the following information: (1) name of the investigator assigned to the case, (2) investigator's identification number, (3) PO number, (4) case number, (5) case type, (6) USAID applicant's last name, (7) number of service-hours authorized, (8) hourly rate authorized, (9) authorized expenses, (10) dates of investigative activities, (11) number of hours spent on each activity, and (12) the contract investigator's signature. Authorized expenses in addition to service-hours authorized may include parking fees, tolls, driving time, transportation costs, and other related expenses. Each of these expenses must be identified by a specific code on the voucher.

2. The Contractor’s online system must provide the COR with weekly invoices itemizing all approved voucher payments for investigators. The system must allow the COR to electronically access and track information on investigator assignments, applicable funding limits, and status of payments for investigators. The online system must provide the capability for the COR to obtain reports in PDF format on information in the system, including reports on services provided but not yet paid. The Contractor’s system must enable sorting of information according to the parameters determined and agreed upon by the COR and Contractor. The Contractor must provide the capability for all data to be exported into MS Excel.

3. The Contractor's online system must enable investigators to provide and update account information on their personal profiles. The system must allow the investigator to provide and change information including, but not limited to, the following: mailing address, physical address, telephone numbers, email addresses, log in information, and password resets.

4. The Contractor’s online system must enable investigators to review the status of their pending payments. This feature must provide the investigators with information regarding voucher approval status, payments scheduled for deposit, and when payments have been successfully completed.

5. The Contractor's payment system must allow adjustments to be made to the hourly rates of the investigators based on changes made by USAID.

6. The Contractor’s online system must provide up to date information regarding voucher status that must include, at a minimum, the following: (1) name of the investigator assigned to the case, (2) investigator's identification number (3) PO number, and (4) voucher status.

7. The Contractor must provide financial management and payment processing for all investigator vouchers. On a weekly basis, the COR will electronically submit to the Contractor approved vouchers for processing and payment to the investigators. The Contractor must review all submitted weekly vouchers within one (1) business day of receipt for accuracy and completeness, and must communicate apparent errors and discrepancies to the COR. The Contractor must tally the vouchers and provide a consolidated invoice using Standard Form 1034 to the COR for final approval. The weekly invoice must include a voucher detail report as an attachment. The voucher detail report must identify: (1) investigator name, (2) investigator identification number, (3) PO number, and (4) total amount for the voucher. The voucher detail report must accurately reflect a grand total of the vouchers to be paid. Following receipt of the weekly consolidated invoice, an approval form is prepared by the COR and sent to the USAID Bureau for Management, Office of the Chief Financial Officer, Cash Management and Payments Division (USAID/M/CFO/CMP) for payment to the Contractor. Upon receipt of payment by USAID/M/CFO/CMP, the Contractor will make payments to the appropriate investigators for individual approved vouchers. Payments to investigators must be made on a weekly basis.

c. Additional Requirements

1. The Contractor must immediately notify the Contracting Officer (CO) and COR of any problems, delays, or adverse conditions which materially impair the Contractor's ability to meet the requirements of the contract. The Contractor must notify the COR within one

(1) business day if they suspect that there has been a delay in receiving the weekly payment from USAID to the Contractor, which could then delay the payment processing to the investigators.

C.5 USAID RESPONSIBILITIES

1. The COR will provide individual investigator POs and vouchers to the Contractor for each investigator assignment. Vouchers that have been reviewed and approved by the COR will be marked as "Approved" and dated as appropriate.

[END SECTION C]

SECTION D – DELIVERIES OR PERFORMANCE

D.1 PERIOD OF PERFORMANCE

The period of performance for this contract is five (5) years, if all options are exercised. The dates are:

Base Year: TBD - TBD Option Year One: TBD - TBD Option Year Two: TBD - TBD Option Year Three: TBD - TBD Option Year Four: TBD - TBD

D.2 PLACE OF PERFORMANCE

The place of performance is the United States of America.

[END SECTION D]

SECTION E – CONTRACT ADMINISTRATION DATA

E.1 AIDAR 752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

(a) Claims for reimbursement or payment under this contract must be submitted to the Paying Office indicated in the schedule of this contract. The COR is the authorized representative of the Government to approve vouchers under this contract. The Contractor must submit electronic versions of the SF-1034--Public Voucher for Purchases and Services Other Than Personal. Each voucher shall be identified by the appropriate USAID contract number, in the amount of dollar expenditures made during the period covered.

(1) The SF 1034 provides space to report by line item for products or services provided.

(2) The fiscal report shall include the following certification signed by an authorized representative of the Contractor:

The undersigned hereby certifies to the best of my knowledge and belief that the fiscal report and any attachments have been prepared from the books and records of the Contractor in accordance with the terms of this contract and are correct: the sum claimed under this contract is proper and due, and all the costs of contract performance (except as herewith reported in writing) have been paid, or to the extent allowed under the applicable payment clause, will be paid currently by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and the quantities and amounts involved are consistent with the requirements of this Contract;

all required Contracting Officer approvals have been obtained; and appropriate refund to USAID will be made promptly upon request in the event of disallowance of costs not reimbursable under the terms of this contract.

BY: ______________________________________________________

TITLE: ______________________________________________________

DATE: ______________________________________________________

(b) Local currency payment. The Contractor is fully responsible for the proper expenditure and control of local currency, if any, provided under this contract. Local currency will be provided to the Contractor in accordance with written instructions provided by the Mission Director. The written instructions will also include accounting, vouchering, and reporting procedures. A copy of the instructions shall be provided to the Contractor's Chief of Party and to the Contracting Officer. The costs of bonding personnel responsible for local currency are reimbursable under this contract.

(c) Upon compliance by the Contractor with all the provisions of this contract, acceptance by the Government of the work and final report, and a satisfactory accounting by the Contractor of all Government-owned property for which the Contractor had custodial responsibility, the Government shall promptly pay to the Contractor any moneys (dollars or local currency) due under the completion voucher. The Government will make suitable reduction for any disallowance or indebtedness by the Contractor by applying the proceeds of the voucher first to such deductions and next to any unliquidated balance of advance remaining under this contract.

(d) The Contractor agrees that all approvals of the COR and the Contracting Officer, which are required by the provisions of this contract, shall be preserved and made available as part of the Contractor's records which are required to be presented and made available by the clause of this contract entitled "Audit and Records--Negotiation".

E.2 PAYMENT

One original of each invoice prepared in accordance with Section E.1 must be sent to the COR.

E.3 PAYMENT MILESTONES

The contractor may invoice monthly or bi-monthly in accordance with the following payment milestones:

TBD

E.4 ACCOUNTING AND APPROPRIATION DATA

TBD

E.5 CONTRACTOR'S PAYMENT ADDRESS

TBD

E.6 CONTRACTOR’S PRIMARY POINT OF CONTACT

The Contractor’s primary point of contact is TBD and can be reached at:

TBD

E.7 CONTRACTING OFFICER

The Contracting Officer (CO) is the only person authorized to make or approve any changes in the requirements of this contract and, notwithstanding any provisions contained elsewhere in this contract, 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 to the contract terms and conditions, including price.

All questions concerning the administration of this contract must be sent to the Contracting Officer. It is the responsibility of the Contractor to inform the Contracting Officer of requests that affect any and all sections of this contract. The Contracting Officer’s information is as follows:

Mr. Patrick Mudd U.S. Agency for International Development Office of Acquisition and Assistance M/OAA/SIDP, SA-44, Room 506-H 1300 Pennsylvania Avenue, N.W.

Washington, D.C. 20523-7900 Email: pmudd@usaid.gov Office: 202-567-5078

E.8 CONTRACTING OFFICER’S REPRESENTATIVE

1. The Contracting Officer’s Representative (COR) will be designated via separate letter, which will be provided to the Contractor, and will address all technical questions for this contract. In the separately issued COR designation letter, the Contracting Officer designates an alternate COR to act in the absence of the designated COR, in accordance with the terms of the letter.

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 contract and by the Contracting Officer. This authority includes 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 contract. The authority herein also does not include authority to execute modifications to the contract, which require the signature of the Contracting Officer, or to bind the Government in terms of a proposed contract change.

4. In case of a conflict between this contract and the COR designation letter, the contract prevails.

[END SECTION E]

SECTION F – CONTRACT CLAUSES

F.1 CONTRACT CLAUSES

The following clauses are applicable to this award. 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 INCORPORATED BY REFERENCE

52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

52.204-7 System for Award Management (JUL 2013)

52.204-13 System for Award Management Maintenance (JUL 2013)

52.204-16 Commercial and Government Entity Code Reporting (JUL 2015)

52.204-17 Ownership or Control of Offeror (NOV 2014)

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2015)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

(NOV 2015)

52.209-7 Information Regarding Responsibility Matters (JUL 2013)

52.212-1 Instructions to Offerors - Commercial Items (OCT 2015)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (OCT 2015)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

52.212-4 Contract Terms and Conditions - Commercial Items (MAY 2015)

FAR CLAUSES IN FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items (NOV 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

(NOV 2015).

(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: (Contracting Officer check as appropriate.)

[X] (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)

[X] (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 Representation (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)).

[X] (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).

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

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

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

4212).

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

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

[X] (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).

[X] (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).

[ ] (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: (Contracting Officer check as appropriate.)

[ ] (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.

(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) (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)

52.219-12 Special 8(a) Subcontract Conditions (FEB 1990)

(a) The Small Business Administration (SBA) has entered into Contract No.________ [insert number of contract] with the United States Agency for International Development (USAID) to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The ___________ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No. ______ [insert number of contract] for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to USAID with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of USAID.

(4) That it will notify the USAID Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the USAID.

52.219-17 Section 8(a) Award (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the United States Agency for International Development (USAID) the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the USAID Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

(b) The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of USAID.

52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA’s 8(a) Program and which meet the following criteria at the time of submission of offer—

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The ____________ [insert name of SBA's contractor] will notify the United States Agency for International Development (USIAD) Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

AIDAR CLAUSES INCORPORATED BY REFERENCE

752.202-1 Definitions (JAN 1990)

752.209-71 Organizational conflicts of interest discovered after award (JUN 1993)

752.211-70 Language and measurement (JUN 1992)

752.219-8 Utilization of small business concerns and small disadvantaged business concerns

(MAR 2015)

752.222-70 USAID Disability Policy (DEC 2004)

752.7006 Notices (APR 1984)

752.7025 Approvals (APR 1984)

AIDAR CLAUSES IN FULL TEXT

752.7101 Voluntary Population Planning Activities (JUN 2008)

(a) Requirements for Voluntary Sterilization Program. None of the funds made available under this contract shall be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any individual to practice sterilization.

(b) Prohibition on Abortion-Related Activities.

(1) No funds made available under this contract will be used to finance, support, or be attributed to the following activities: (i) procurement or distribution of equipment intended to be used for the purpose of inducing abortions as a method of family planning;

(ii) special fees or incentives to any person to coerce or motivate them to have abortions;

(iii) payments to persons to perform abortions or to solicit persons to undergo abortions;

(iv) information, education, training, or communication programs that seek to promote abortion as a method of family planning; and (v) lobbying for or against abortion. The term “motivate”, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options.

(2) No funds made available under this contract will be used to pay for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortions or involuntary sterilizations as a means of family planning. Epidemiologic or descriptive research to assess the incidence, extent or consequences of abortions is not precluded.

(c) The contractor shall insert this provision in all subcontracts.

[END SECTION F]

SECTION G – CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTACHMENT G.1: Contractor Performance Report - Short Form

[END SECTION G]

SECTION H – REPRESENTATIONS AND CERTIFICATIONS

52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran;

and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2)…