TFSAIAF16R0002_MEX_AUDIT_SOLIC-ENG.pdf

Department of the Treasury • Bureau of the Fiscal Service • Washington, DC 20227

Lead. Transform. Deliver.

April 6, 2016

Potential Offerors:

Attached is the Bureau of the Fiscal Service solicitation #TFSAIAF16R0002, for grant compliance Audit Services in Mexico on behalf of the Inter-American Foundation.

The Government prefers the proposal to be submitted in English, however we will accept either English or Spanish. Pricing must include rates in US dollars.

PROPOSAL SUBMISSION:

Electronic proposals shall be submitted to purchasing@fiscal.treasury.gov no later than 2:00 pm ET on May 4, 2016 to be accepted, and must reference the solicitation #TFSAIAF16R0002 Audit-MX, M.Wargowsky/P.White in the subject line. Proposals received after this deadline are late and will not be considered. It is the responsibility of the Offeror to verify receipt of their proposal.

QUESTIONS REGARDING THE SOLICITATION:

Any questions regarding this solicitation shall be submitted no later than 2:00 pm ET on April 18, 2016. We cannot assure an answer to questions submitted after this deadline. Questions shall be submitted in writing to purchasing@fiscal.treasury.gov, and must reference the solicitation #TFSAIAF16R0002-Questions/Audit-MX, M.Wargowsky/P.White.

Please adhere to RFP ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS beginning on page 22. The instructions regarding the submission of proposals shall be adhered to absolutely.

Prospective offerors are cautioned against discussing the preparation of their proposal or asking questions to anyone other than the Bureau of the Fiscal Service Procurement Division. Discussions with anyone other than the Bureau of the Fiscal Service Procurement Division concerning the requirements, the documents incorporated by reference, pricing, or any technical matters are strictly forbidden. Verification of any such improper conduct may result in immediate rejection of the offeror’s proposal. Accordingly, all communications prior to award shall be directed via email to purchasing@fiscal.treasury.gov.

Thank you for your interest in participating in this solicitation.

Sincerely, Paul White

Contracting Officer

PCW

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52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (May 2015)

1052.212-4 CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (ALTERNATE II) (DEVIATION 2016-00001) (Jan 2016)

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (APR

2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR.

If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

1052.203-99 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2015-00003) (MAR2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the final 30 days of each contract period; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT (FEB 2000) In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (Deviation 00002) (JAN 2016)

(a) Definition. As used in this clause- "Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

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(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

Payment and Invoice Questions

Contractors with a US bank account For payment and invoice questions, go to https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

Contractors with a foreign bank account For Payment and Invoice questions, contact Accounting Services Division, Pensions, Grants and Loans branch at 304- 480-8300 or via email at ForeignMisc@fiscal.treasury.gov. Invoices shall be submitted via email to ForeignMisc@fiscal.treasury.gov.

Invoice Requirements

a) Invoices for costs associated with travel or materials shall be submitted on a monthly basis in arrears. The

Contractor shall retain a copy of all invoices for inspection upon request by the CO and/or COR. The Contractor shall invoice no later than 30 days after COR provides notice of acceptance of approved reports.

b) Invoices shall be submitted electronically. Protected Microsoft Excel files are the preferred format, however, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are also acceptable. The email address will be provided at time of award.

c) A proper invoice must include the following information and/or attached documentation:

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1) Name of the business concern and date of invoice.

2) Contract number or other authorization for delivery of property or services.

3) Description, price, quantity of services actually delivered or rendered, and the date thereof.

4) Shipping and payment terms.

5) Name, title, and phone number of responsible official preparing the invoice.

6) Name and signature of contractor’s certifying official, title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

d) Invoices will be paid upon receipt and after certification by the COR that the deliverables are acceptable.

Overpayments

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

Marking of Shipments

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

Performance Evaluation

This award is subject to a performance evaluation via the Contractor Performance Assessment Reporting System (CPARS) at www.cpars.gov. Following the end of each 12 month performance period and at completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer. The final evaluation of the Contractor’s performance is the decision of the Contracting Agency and will be reviewed at least one level above the Contracting Officer. A copy of the final performance evaluation report will be sent to the Contractor and to the Government’s past performance database at www.ppirs.gov.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS -- COMMERCIAL ITEMS (FEB 2016)

(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 (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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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).

__ (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] __ (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 (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (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)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcon-tracting 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. 657 f).

__ (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 (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (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. 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).

X_ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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).

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__ (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) (E.O. 13513).

__ (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 (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 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).

X_ (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 2015)(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 (Sept 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

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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) 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) __(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).

(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 2015) (Executive Order 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

COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS)

(a) The Contractor shall comply with all-

(1) Local laws, regulations, and labor union agreements governing work hours; and

(2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters.

(b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.

(c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting Officer.

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CONTRACT DOCUMENTS, EXHIBITS, AND ATTACHMENTS

DESCRIPTION / PERFORMANCE WORK STATEMENT (PWS)

FOR AUDIT SERVICES ON FOUNDATION GRANTS IN MEXICO

FOR THE INTER-AMERICAN FOUNDATION (IAF)

1.0. BACKGROUND

The Inter-American Foundation (IAF) is an independent agency of the United States Government, established as part of the Foreign Assistance Act of 1969. The mission of the IAF is to promote sustainable grassroots development throughout Latin America and the Caribbean. To that end, the IAF provides grants directly to grassroots and community-based organizations in Latin America and the Caribbean to help them implement their own creative ideas for development and poverty reduction.

Since beginning operations in 1972, the IAF has distributed over $708 million through more than 5,000 grants.

Many grants have supported grassroots organizations such as agricultural cooperatives, and neighborhood or small business associations; others were awarded to intermediary organizations that provide grassroots groups with credit, technical assistance, training, and marketing expertise. The largest portion of IAF funding has been invested in food production and agriculture, followed by micro-enterprise development, and education and training.

For more information about the IAF, please visit our website at: www.iaf.gov.

The IAF seeks grant proposals for projects that meet the following criteria:

• Offer innovative solutions to development problems among populations generally beyond the reach of traditional foreign assistance agencies.

• Demonstrate substantial beneficiary participation in project design, management, and implementation.

• Generate practical benefits for the poor in ways that increase the capacity of poor people for self-help.

• Strengthen the capacity of poor people's organizations, are technically feasible, and have the potential for sustainability.

• Show counterpart contributions from the proponent, and ideally, from other local supporters.

The IAF gives preference to organizations that have not received direct funding from other U.S. government agencies. Also, the IAF gives preference to applications that demonstrate a strategy for forming development partnerships with private and public sector institutions.

The grassroots development projects supported by the IAF are often carried out by groups in poor communities with limited administrative capacity and technical knowledge. As a result, it is sometimes necessary to provide training and technical assistance along with grants. The IAF is based in Washington DC, with all staff residing in the U.S. Conducting outreach and providing support to grassroots organizations has led the IAF to fruitful relationships with local individuals and organizations including the “Local Liaison Advisory Services” (LLAS) who assists the COR in monitoring and managing the Mexico portfolio.

In-country functions complementary to the LLAS include financial auditing, the subject of this Performance Work Statement and programmatic results verification. The IAF currently contracts an in-country firm for financial auditing services. A second in-country contractor currently provides results verification services that are used for IAF reports to the U.S. Congress and other internal purposes. The LLAS does not have responsibility for financial audits or results verification, but may assist grantees in obtaining technical assistance related to these topics.

Aside from the IAF contractors for financial audits and data verification, the IAF does not have additional in-country support.

During FY2016, the IAF will deploy a new grants management system. This web-based database will include audit fields, and once operational, auditors will be required to input data, reports, findings, etc. into this system. The system will electronically track audits, findings, and other information relating to grants management. Training will be provided before the requirement is implemented.

As of May 2015, the IAF’s Mexico program consists of 26 active grantees, of which ten are scheduled to be audited during FY16 (Attachment A). Current and potential grantees carry out projects in a variety of thematic areas including agriculture and environment, micro-enterprise development, local planning and governance, youth empowerment, and the use of remittance transfers for local development. The IAF Mexico program emphasizes

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development partnerships between grantees and private and public sector institutions. The IAF’s portfolio in Mexico may change in number and type of projects funded over the course of the contract awarded under this solicitation. The auditor should anticipate that his or her workload will be proportional to the size and activities of the portfolio and will correspond to the needs of the agency, and may increase or decrease according to any portfolio changes. Fluctuations in the portfolio will affect the workload and amounts paid under this contract.

2.0. OBJECTIVE

The purpose of this acquisition is to provide audit services on Foundation grants in Mexico.

3.0. SCOPE

The scope of this contract and the audits to be conducted shall be in conformity with the “Audit Manual for Use by Independent Auditors in the Examination of Foundation Grants” (2014 version) or Audit Manual, provided as Attachment C to this PWS. For purposes of this PWS, an Audit shall be defined as an examination-level attestation engagement as defined in section 6.02 of the Yellow Book, and does not constitute a financial audit under GAGAS or Generally Accepted Auditing Standards (GAAS). Audits performed under this contract will include sufficient testing of a grantee’s books and records to determine whether the grantee is in compliance, in all material respects, with the requirements set forth in the grant agreement executed between the Foundation and the Grantee, and to render an opinion to that effect.

The audit shall include a review of a Grantee’s use of grant funds as well as its receipt and use of counterpart resources, in the context of the grant agreement. The auditors shall evaluate and analyze actual incurred costs and compare the costs with budgeted and proposed line items. Included in the audit report shall be a comparative analysis between the actual incurred costs (the disbursed budgeted amount) and the overall total budgeted amount.

The IAF awards grants to its Grantees after rigorous competition. The Foundation Grantees may not be a country's most sophisticated institutions in terms of accounting methodology or technical capacity, but the IAF has entrusted them with U.S. Government funds because of their ability to serve their communities. The Contractor should obtain a thorough understanding of the profile of IAF grantees as described in the PWS and accompanying grant audit manual.

The form, content and timing of submission of the audit report shall be in accordance with the criteria specified in the Audit Manual established by the Foundation (Attachment C).

3.1. Labor Category Descriptions

The Contractor shall be a licensed accounting firm or audit organization with the Staff Auditor having a full-time physical presence in Mexico. The Staff Auditor shall have legal status to operate in Mexico for the duration of the contract. Contractors shall propose an appropriate staff configuration to include an Audit Partner/Senior Manager and an experienced Staff Auditor.

Audit Partner/Senior Manager The Audit Partner/Senior Manager shall be a Certified Public Accountant (CPA) and be licensed by the appropriate country/state licensing authority. The Audit Partner/Senior Manager may be located in Mexico, or a different country as long as he/she has the requisite knowledge related to the relevant Mexican laws pertaining to the IAF project implementation.

The minimum educational experience includes:

(a) A bachelor’s degree in accounting or business, and;

(b) 80 hours of Continuing Professional Education (CPE) in the past two years that meets the Generally Accepted Government Auditing Standards (GAGAS) CPE requirements. The responsibilities in this category generally include:

1. reviewing working papers, financial statements and related reports for accuracy and completeness;

2. conducting discussions with clients about the results of the work performed;

3. directing staff auditors;

4. reviewing and approving work plans and programs;

5. ensuring that assignments are carried out within the budgeted time and within delivery commitments;

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6. following the progress of the engagement; and helping to resolve accounting, auditing, and reporting problems as they arise.

The Audit Partner/Senior Manager is regularly assigned to the firm’s other audit engagements in a managerial capacity. The Audit Partner/Senior Manager is responsible for the work performed, i.e., overall project management and final report review, but does not participate in the on-site visit with grantees during the audit fieldwork stage.

Staff Auditor The Staff Auditor shall have a bachelor’s degree in accounting or business, and have a minimum of two years general audit experience. The responsibilities of the Staff Auditor may include independently performing segments of an audit and making decisions on all but the most unusual accounting, auditing, and reporting matters. The Staff Auditor will perform the audit fieldwork for each grant, and shall have a full-time physical presence in Mexico.

3.1.1. Auditor(s)

(1) The Staff Auditor shall meet the qualifications and independence standards as specified in the Generally Accepted Government Auditing Standards (GAGAS or “Yellow Book”). These standards specify the necessary requirements related to Auditor Qualification and include (but are not limited to) the following key competence standards:

a. The Auditor shall be licensed certified public accountants or persons working for a licensed public accounting firm.

b. The Auditor (individual responsible for planning, directing or reporting) should complete, every two years, at least 80 hours of continuing professional education (CPE), 24 hours of which should be related to government auditing. Auditors who are only involved in performing field work and charge less than 20 percent annually to GAGAS engagements are only required to take 24 hours of government related CPE in the two-year period.

c. The Contractor should undergo an external peer review by an independent accounting firm once every three years. The contractor shall also have an appropriate quality control system in place.

(2) The Contractor, according to US Government Auditing Standards, shall comply with the applicable provisions of the public accountancy law and rules of the jurisdiction in which they are licensed and where the engagement is being conducted.

(3) The Contractor shall ensure that the Staff Auditors possess the requisite experience and knowledge necessary to conduct an audit. The educational requirements for the Staff Auditor would include a bachelor’s degree in accounting or business, and at least two years of general audit experience. The Contractor shall ensure that audit staff understands the unique environment in which the Foundation grantees operate. The Staff Auditor shall exhibit cultural sensitivity and the capacity to relate to the variety of development actors involved in the various programs as well as the business community.

(4) The Staff Auditor shall have a physical presence in Mexico. The Staff Auditor shall be willing and able to travel to remote areas of Mexico to conduct fieldwork at the grantees’ physical location.

(5) The Contractor shall provide grant audit services in other countries, under special circumstances on an adhoc, temporary basis, as requested by the COR.

(6) The Contractor (including staff) shall be fluent in Spanish, speaking, reading, and writing in professional business language.

3.2. Requirements

(1) The Contractor shall provide all services, personnel, facilities, equipment and materials necessary to perform the work required under this PWS.

(2) The Contractor shall conduct all audits performed under this PWS and the resultant contract in accordance with the Generally Accepted Government Auditing Standards (GAGAS or Yellow Book) as promulgated by the Comptroller General of the United States in the most recent version (currently the 2014 version). The Contractor shall possess the requisite knowledge of and familiarity with the US Office of Management and Budget (OMB) Circular A-122, “Cost Principles for Non-profit other than Educational Organizations”.

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(3) The Contractor shall conduct all audits in accordance with the specific procedures and reporting requirements set forth in the Foundation’s Audit Manual, 2014 version. The Audit Manual is hereby incorporated in its entirety into this PWS (see Attachment C). Any subsequent revisions to the Audit Manual will be delivered by the Foundation to the Contractor, and will take effect as of the date specified by the Foundation.

(4) The Contractor shall report material findings, in accordance with section 6.15 of the Yellow Book, “Developing Elements of Findings”. The findings shall include the following elements: criteria, condition, cause and effect. For each finding, the Contractor shall also include an auditor’s recommendation and a response to the finding from grantee officials.

(5) The contractor shall report on non-material deficiencies and weaknesses in a grantee’s organizational structure in a separate Management Letter addressed to the grantee.

(6) The Contractor shall perform all required audit fieldwork on-site at the grantee’s location. Due to the nature of the Foundation’s grant activity, the Contractor will be expected to travel, in some cases, to remote regions of Mexico in the course of an Audit.

(7) The Contactor shall report immediately (i.e., within 24 hours) to the Foundation Auditor and the COR all cases of possible fraud or abuse involving the misuse of the Foundation grant funds discovered as part of the audit, or at any other time.

(8) For each new grantee, the Contractor shall conduct an individual one-day on-site orientation/initial assessment of the grantee’s accounting and finance environments. This assessment shall serve as an internal control risk assessment as well as an opportunity for the Contractor to provide the Grantee guidance related to appropriate accounting controls and/or systems necessary for the administration of Foundation grant funds. The Contractor shall use the “IAF Assessment Tool” as a guide in conducting the initial assessment

The Contractor shall provide to and discuss with the Grantee the IAF’s “Grantee Financial Management Guide.”

The Grant Financial Management Grantee Guide is a document specifically designed for grantees that describes the accounting and grant reporting requirements of typical Foundation grants. (Copies of the Grantee Guide will be provided to the Contractor by IAF upon award of the contract.)

The Contractor shall provide a Word document of approximately two to six pages outlining the results of the assessment. The report shall be sent electronically to the COR within 60 calendar days from the Grant Date (The date the grant agreement is signed by the Foundation). The contractor will also be responsible for uploading the initial assessment report into the IAF’s database management system which is currently in development.

(9) The Contractor shall retain audit reports and all related work papers for the lifetime of the project plus two years after project termination or expiration, or six years, whichever is longer.

(10) The Contractor shall make every reasonable effort to attend quarterly status meetings by teleconference with the COR or his designee for planning, performance assessment and issue resolution purposes.

(11) As requested by the COR, the Contractor (to include a maximum of two individuals) shall participate in one or more regional conference(s) and/or workshop(s) with other contractors and Foundation officials to evaluate contract activities, review and update audit policies and procedures, as well as share “best practices” and insights pertaining to conducting grant audits. Costs for travel and lodging incurred by the Contractor to attend the meetings will be reimbursed by the Foundation in accordance with the Federal Travel Regulations. A firm fixed price for daily meals will be established.

(12) The Contractor shall participate in group orientation meetings for new Foundation grantees as requested by the COR.