05 95332421Q0082.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

31b. NAME OF CONTRACTING OFFICER (Type or print)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8 (A)

NAICS:

SIZE STANDARD:

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

95332421Q0082

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Legal Advisor 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

Base Period Includes Labor and ODC's

Purchase Requisitions

IDC Type: Not Applicable FSC Codes: R499 SUPPORT- PROFESSIONAL: OTHER NAICS Code: 541611 Administrative Management and General Management Co...

Item Number Base Item Number

Supplies/Services Quantity Unit

1001 Option Period 1: Legal Advisor 1 LT Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

Purchase Requisitions

Option:

Option Time Date: 9/27/22 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable

FSC Codes: R499 SUPPORT- PROFESSIONAL: OTHER NAICS Code: 541611 Administrative Management and General Management Co...

Clauses incorporated by reference

None

Clauses incorporated by full text

Section B - Supplies or Services and Prices/Costs Item Number Base Item Number

B.1 SERVICES TO BE PROVDED

MCC would like to engage legal support services (the "Consultant") to assist the CDT with legal matters pertaining to the development of the second compact program. The objective of this consultancy is to provide legal advice to the CDT on all legal issues affecting the preparation and development of the second Indonesia compact, to ensure conformity with the laws and regulations of both the Government of Indonesia and MCC.

The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform the tasks as defined in Section C of the Statement of Work.

B.2 CONTRACT TYPE

MCC is awarding a Time and Materials type Contract. Multiple awards may be considered.

B.3 LABOR RATES

This RFQ is issued in accordance with FAR Part 12 Acquisition of Commercial Items and FAR Part 13 Simplified Acquisition Procedures.

Labor Category Billing Hourly Rate

(Base)

Billing Hourly Rate (Option

1)

Legal Consultant

B.4 Other Direct Costs (Estimated)

The Government estimates the following ODCs for each contract period. As ODCs cannot be defined at this time, these estimates will be used to evaluate the offeror's price

Period Total Other Direct Costs

Base Period $5,300

Option Period One $5,300

Other Direct Costs Grand Total $10,600

Section C - Description/Specifications/Work Statement

Description/Specifications/Work Statement Statement of Work

Consultant Services: External Legal Counsel to Support the Indonesia II Compact Development Team

A. Introduction

MCC has been working in Indonesia since 2006, helping to improve governance, fight corruption and enhance public health through the MCC Threshold program. This program, which concluded in December 2010, was designed to strengthen key anti-corruption institutions and to create a more efficient and sustainable immunization surveillance system.

MCC's first, $600 million compact with Indonesia was signed in November 2011. The compact was designed to reduce poverty through economic growth by supporting three of the Government's growth and development priorities: better health and nutrition, procurement modernization, and sustainable energy and resource management. The compact included three projects in these priority areas, and was designed and implemented with a focus on community ownership and innovative, scalable models that would allow for emerging opportunities. The compact successfully concluded on April 2, 2018. Against this backdrop, on December 11, 2018, MCC's Board of Directors selected Indonesia as eligible to develop a second compact program.

Despite challenges, MCC and the Government of Indonesia (GOI) achieved many successful outcomes through our partnership and will incorporate key lessons learned from the first compact into the design of the second. For example, learning from the first compact program – which was both geographically and sectorally diverse – MCC and the GOI intend to develop a more focused second compact in order to streamline implementation and ensure greatest impact. MCC's compact programs are developed with partner countries over the course of several years, and MCC's work with Indonesia on the second compact program is currently in the early stages. The compact development process is data-driven and iterative, moving through the following five distinct phases For more on MCC's approach to compact development, see https://www.mcc.gov/resources/doc/guidance-compact-development-guidance.:

• Preliminary Analysis. In this phase, the country in partnership with MCC undertakes broad consultations with stakeholders and conducts an analysis of the constraints to economic growth in that country. The phase ends with the development of a Constraints Analysis that outlines the binding constraints to growth in the country.

• Problem Diagnosis. In this phase, the country in partnership with MCC defines problems and conducts an analysis of the root causes of the identified binding constraints. The phase ends with the development of Concept Notes that identify the core root causes and what opportunities may exist to address the root causes.

• Project Definition. In this phase, the country in partnership with MCC defines and scopes specific projects, https://www.mcc.gov/resources/doc/guidance-compact-development-guidance identifies investments and activities, and builds the actual program logic for the proposed compact program. The phase ends with the development of Project Proposals that detail the specific projects that comprise the compact program, and how they might meet MCC's investment criteria.

• Project Development. In this phase, the country in partnership with MCC launches public procurements, conducts feasibility, environmental and other studies, identifies beneficiaries from the projects and calculate the probable economic impact from the projects. The phase ends with the development of an Investment Memorandum that details the proposed compact program and discusses the manner in which the proposed program accomplishes the overarching objectives in the country while also meeting MCC investment criteria.

• Negotiation. This is the final stage, during which the compact is negotiated with the partner country's government, the compact is finalized, submitted for approval by both the country and MCC, and signed.

Beginning with the preliminary analysis phase, MCC and the GOI, primarily represented by the Compact Development Team (CDT) currently operating under the National Planning Bureau (BAPPENAS), have been working together to undertake project development. During this phase, MCC and the GOI agreed that (i) barriers to export-oriented competitiveness, (ii) barriers to domestic productivity and innovation, and (iii) costly and underdeveloped financial intermediation are the binding constraints to economic growth in Indonesia. At the conclusion of the problem diagnosis phase, MCC and the GOI agreed they would primarily focus further compact development efforts on issues related to the constraint of financial intermediation, with two areas of focus: (i) access to finance for infrastructure, particularly transport and logistics infrastructure, and (ii) access to finance for micro, small and medium-sized enterprises (MSMEs), particularly those owned by women. In February 2021, MCC and the GOI signed a Compact Developing Funding agreement to fund preparatory activities in support of developing proposed compact activities in these areas, as well as related program administration needs.

B. Countries

Indonesia and any other eligible MCC countries.

C. Scope and Objective

MCC would like to engage legal support services (the "Consultant") to assist the CDT with legal matters pertaining to the development of the second compact program, as outlined below. The objective of this consultancy is to provide legal advice to the CDT on all legal issues affecting the preparation and development of the second Indonesia compact, to ensure conformity with the laws and regulations of both the Government of Indonesia and MCC.

D. Tasks

The Consultant shall perform the following tasks:

1. Assisting in the institutional set-up and establishment of the accountable entity (MCA-Indonesia, or MCA-I) that will be responsible for implementing the proposed compact:

a. Identify and advise the CDT on the resolution of legal issues related to the institutional set-up and establishment of MCA-I, including but not limited to fund channeling mechanisms, grants administration, employment and labor law, and tax issues under Indonesian law.

b. Provide written legal opinions to the CDT regarding the establishment of MCA-I.

2. Drafting the statutory regulations required for the establishment of MCA-I:

a. Analyze Indonesian laws and regulations relevant for the preparation of the second compact program and assist the CDT in preparing the regulatory framework for the second compact program.

b. Assist in the drafting of legal instruments, governance guidelines, and other legal documents required for the second compact at all stages of development; from initial preparation of the grant agreement to establishment of MCA-Indonesia and its initial procurements and "fund channeling" arrangements and payment / accounting systems to asset management.

c. Provide legal opinions, if necessary, to relevant Government of Indonesia officials and MCC on the validity and enforceability of the compact and related agreements.

d. Assist in the drafting of standard agreements that may be used by MCA-I during the second compact term.

3. Supporting preparations for negotiation of the second compact:

a. Conduct a comprehensive review of the draft second compact and its related agreements to identify any legal issues that may arise and provide recommendations to the CDT on how to resolve these issues.

b. Provide advice and assistance to the CDT in pre-negotiation preparations for the second compact.

c. Support the CDT as the CDT and GOI finalize the compact and related agreements.

d. Draft other documents related to entry into force and compact implementation.

4. Providing legal advice regarding the second compact program:

a. Provide guidance on the legal implications of proposed activities to be undertaken by the second compact

(including legal issues that may arise in developing and implementing i. innovative financing schemes in the MSME workflow environment, ii. risk-reducing instruments, and iii. financing schemes for infrastructure).

b. Perform additional analysis required to determine and maximize the viability of the proposed program, including identifying and proposing solutions to legal impediments to the compact's treatment as an international agreement that would supersede domestic laws under Indonesian law.

c. Advise the CDT on the resolution of legal issues related to the structure and implementation of the proposed program (including project- and sector-specific matters), issues related to the governance and management structures of MCA-I and implementing entities, financial management and fund channeling mechanisms, procurement, labor, and environmental matters.

d. Provide legal advice on intellectual property rights as issues arise.

5. Other tasks as assigned.

The services include assisting the CDT in its cooperation with relevant Government of Indonesia agencies regarding performance of the required actions for successful preparation and development of the second compact program.

E. Deliverables

The Consultant shall provide services to MCC on an as needed basis. To support MCC in the flexible and timely manner needed to meet the evolving needs of compact development and implementation, technical directives under this statement of work will be issued and the Consultant deployed each time the Consultant's services are needed over the course of this contract. No additional tasks shall imply any additional costs to the Government beyond the amount allowed for in the initial call order; however, this call order may be amended to reflect additional costs associated with implementation planning and oversight requirements in additional countries. In terms of written deliverables, the following are required:

• Deliverable 1: written advice and / or legal opinions on the establishment of MCA-I, validity and enforceability of the compact and related agreements, etc.

• Deliverable 2: draft statutory regulations, legal instruments, governance guidelines, and other legal documents required for the establishment of MCA-I.

• Deliverable 3: draft standard agreements that may be used by MCA-I.

• Deliverable 4: draft documents related to entry into force and compact implementation.

• Deliverable 5: other written analysis and advice on the compact and related agreements, establishment of MCA-I, and related matters.

F. Period of Performance

All work under this contract will be completed between effective date of the contract award through a one-year base period with up to a one (1) one-year option period. The estimated level of effort is estimated at up to 300 hours per year. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

Consultant should be based in Indonesia and will perform the tasks under this contract entirely in Indonesia, largely in Jakarta.

G. Subcontracting Experts are authorized to subcontract data collection, data preparation, data or economic analysis, and related services as needed. The overall costs for subcontracting shall not exceed 25% of the expert's total negotiated unloaded direct labor cost.

H. Conflict of Interest

The expert will be precluded from bidding on work and services (design, assessment, construction, and supervision) to be procured by the local accountable entity or using funds advanced under MCC work in the relevant country.

I. Timing and Reporting All formal communication with MCC, including reports, will be submitted to the COR/PM. The COR/PM for this requirement will be identified via separate correspondence.

The COR/PM will have technical responsibility for monitoring the contractor's performance. The COR/PM will review and evaluate the contractor's performance, and also will coordinate any communications with relevant counterparts and other donor agencies and organizations.

Any changes in the terms of the Call Order will be made in writing and approved by the Contracting Officer. No representation of the COR/PM shall serve as a basis for an alteration in the general scope of this Call Order or of the terms and conditions of the Call Order unless confirmed in writing by the Contracting Officer. The contractor must communicate with the Contracting Officer on all matters that pertain to the Contract terms. Proceeding with the work without proper contractual coverage could result in nonpayment for that work.

The designated Expert would be expected to coordinate with local authorities responsible for MCC Compact implementation as well as other donors, where relevant. However, designated Expert would report directly to the designated COR/PM.

J. Required Qualifications

Mandatory:

• Minimum five (5) years' experience, with not less than five (5) legal practitioners who have at least an aggregate of thirty (30) years of post-qualification experience among its three (3) senior partners.

• Firms must be licensed to practice as a legal consultant in Indonesia and must confirm that they have no conflicts of interest that would prevent them from undertaking the representation.

• General knowledge of Indonesian economic, political, legal, and social systems and characteristics that relate to development assistance.

• Knowledge of Indonesian Government legislation relating to development assistance and grants management, and a thorough understanding of the objectives, methodology, and status of the US-Indonesia strategic partnership.

• Past work experience with, and knowledge of, taxation, labor law, contracts, business and non-profit organizations and structures, and development assistance requirements in Indonesia.

• Familiarity with the project development and approval process for donor assistance and knowledge of the applicable Indonesian regulations.

• Knowledge of appropriate government and non-government entities and established relationships with officials in such entities.

• Experience by work team (Partners and Associates) in government projects and carrying out work with due observance of the Advocate's professional code of ethics.

• General work experience within and, if applicable, outside Indonesia.

• Experience in dealing with a full range of contracts: corporate, transactional, commercial, and government.

• Full Indonesian language proficiency (ability to read, write and communicate verbally at a professional level).

• Excellent oral and written communication skills in English.

Preferred:

• Experience working with agencies of the United States Government (MCC, USAID, etc.), international financial institutions, and/or other development partners (World Bank, ADB, etc.) will be an advantage.

• Knowledge of MCC policies, procedures, and documentation requirements.

Section D - Packaging and Marking

Section E - Inspection and Acceptance Terms

Section F - Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

9/27/21 9/26/22 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON

US 20005

Line Item: 1001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

9/27/22 9/26/23 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON

US 20005

Delivery or Performance

F.1 PLACE OF PERFORMANCE

Consultant should be based in Indonesia and will perform the tasks under this contract entirely in Indonesia, largely in Jakarta.

F.2 TASK AND DELIVERABLES

The Consultant shall provide services to MCC on an as needed basis. To support MCC in the flexible and timely manner needed to meet the evolving needs of compact development and implementation, technical directives under this statement of work will be issued and the Consultant deployed each time the Consultant's services are needed over the course of this contract. No additional tasks shall imply any additional costs to the Government beyond the amount allowed for in the initial call order; however, this call order may be amended to reflect additional costs associated with implementation planning and oversight requirements in additional countries. In terms of written deliverables, the following are required:

• Deliverable 1: written advice and / or legal opinions on the establishment of MCA-I, validity and enforceability of the compact and related agreements, etc.

• Deliverable 2: draft statutory regulations, legal instruments, governance guidelines, and other legal documents required for the establishment of MCA-I.

• Deliverable 3: draft standard agreements that may be used by MCA-I.

• Deliverable 4: draft documents related to entry into force and compact implementation.

• Deliverable 5: other written analysis and advice on the compact and related agreements, establishment of MCA-I, and related matters.

F.3 DOCUMENT OWNERSHIP AND INFORMATION MANAGEMENT SYSTEM REQUIREMENTS

All documents produced and/or collected by the contractor, electronic and hard copies, shall be the sole property of MCC. The Contractor shall establish and maintain a comprehensive electronic data base and reference index of all relevant documents reviewed, produced, and/or edited by the Contractor. Any and all such documents will be electronically compiled in usable form and delivered to MCC, in an organized electronic format acceptable to MCC, at the end of the contract, and if requested by MCC also in hard copies. The Contractor shall provide a document management system acceptable to MCC. MCC, at its sole discretion, may provide such system as SharePoint or similar in addition or in lieu of the Contractor's system. The Contractor shall abide by MCC required communication protocol including sharing information and reports with the MCC team, and/or other MCC consultants for efficient and timely reviews and communications as specifically requested.

F.4 ACCEPTANCE CRITERIA

The deliverables shall be evaluated according to the following criteria:

• Thoroughness and timeliness in complying with all of the elements in the tasks specified.

• High quality finished products in a timely manner, and clarity of analyses and work produced.

• Timeliness and efficacy of communications with relevant counterparts at MCC, MCA, and other relevant organizations.

• All reports are to be submitted in English in hard and electronic copy (in MS Word), with tables, data and calculations in MS Excel.

F.5 ESTIMATED LEVEL OF EFFORT AND TRAVEL

Base Period and Option Periods

Below is the estimated level of effort by labor category.

Estimated Level of Effort

Labor Category Hours (Base) Hours (Option

1)

Legal Consultant 300 300

Estimated hours shall not exceed the total of 300 hours per year.

Other Direct Costs

In the performance of this contract the contractor may incur expenses (ODCs) mainly associated with travel this may include domestic air fare, ground transportation, per diem etc. Information on ODCs and travel reimbursement is found in section B.

F.6 TECHNICAL DIRECTION

Performance of the work under this Purchase Order shall be subject to the technical direction of the COR/PM.

The term "technical direction" is defined to include, without limitation, the following:

a) Directions to the Contractor, which redirect the Purchase Order effort, shift work emphasis between work areas, require the pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual requirements;

b) Provision of information to the Contractor, which assists in the interpretation of renderings, specifications or technical portions of the work description; and

c) Review and, where required by the Purchase Order, approval of reports, creative renderings, specifications, materials or technical information to be delivered by the Contractor to MCC under this Purchase Order.

Technical direction must be within the general scope of work stated in the contract. The COR/PM does not have the authority to, and may not, issue any technical direction which:

1) Constitutes the assignment of any additional work outside the general scope of the Task Order;

2) Constitutes a change as defined in the contract clause entitled, "Changes";

3) In any manner causes an increase or decrease in the total estimated Purchase Order costs, fixed fee, or time required for the Purchase Order performance; or

4) Changes any of the express terms, conditions or specifications of the contract.

All technical direction shall be issued in writing by the COR/PM; verbal direction, if necessary, shall be confirmed by the COR/PM in writing within five (5) working days after their issuance, with a copy to the Contracting Officer (CO). The Contractor shall acknowledge acceptance of the technical direction by submitting a letter of acceptance, via email or Fax, to the COR/PM and Contracting Officer. The technical direction will provide clear and concise instructions on tasks and deliverables requested of the Contractor's team, and designate the MCC technical contact with whom the Contractor should coordinate. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR/PM in the manner prescribed by this article and within his/her authority under the provisions of this article. If, in the opinion of the Contractor, any instruction or direction issued by the COR/PM is not within one of the tasks defined above, the Contractor shall not proceed, but shall notify the CO, in writing, within five (5) working days after receipt of any such instruction or direction and shall request the CO to modify the contract accordingly. Upon receiving such notification from the Contractor, the CO shall issue an appropriate Purchase Order modification or advise the Contractor, in writing, that in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the "Changes" clause of the Purchase Order. The Contractor shall thereupon proceed immediately with the direction given.

Section G - Contract Administration Data

Requesting Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: Fax:

Contact Details:

Property Administration Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550

COTR Office Address

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550

Issuing Office Address

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550

MCC 52.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND/OR PROJECT MONITOR

(PM) (JULY 2012)

(a) The Contracting Officer may designate a Government representative to act as the Contracting Officer's Representative (COR) or Project Monitor (PM) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the COR and/or PM and the Contractor. The designation letters will set forth the authorities and limitations of the COR and/or PM under the contract.

(b) Modifications to this contract are effective only if reduced to writing and executed by the Contracting Officer. The

Contractor is specifically prohibited from performing any work that is outside the scope of this contract without the approval of the Contracting Officer. The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

MCC 52.245-70 CONTRACTOR ACQUIRED MCC GOVERNMENT PROPERTY OVERSEAS (JULY 2012)

Property and equipment (hereafter stated "property") that MCC Contractors (other than Personnel Service Contractors) acquire and for which they receive MCC reimbursement through the invoice process is Government (MCC) owned property.

Government property is to be used, monitored, and inventoried in accordance with FAR Part 45, Subpart 45.5 Management of Government Property in the Possession of Contractors, as well as MCC Policy 350, "Policies and procedures on Property, Plant, and Equipment." The contractor should start a running property inventory as soon as it begins to procure property and equipment the cost of which is charged back to the Government. The Contractor shall furnish a copy of such inventory to the COR semi-annually or at least as the contract is in its final stages of completion if its duration does not exceed six months.

Mandatory fields on the inventory include: The Contractor's Name; the Contractor Number; the Country Location and address location; a description of the item with model number serial number, and manufacturer; the acquisition date and cost; the Quantity; the expected life; and its condition at the time of the report. The contractor is responsible for removing US Government identification from property that is to be abandoned.

(End of Clause)

MCC 52.203-70 CONTRACTOR NON-DISCLOSURE AGREEMENT (MAY 2017)

All contractor employees or independent contractors engaged in this contract shall provide a non-disclosure agreement as follows signed by the individual contractor/consultant and, if a contractor employee, by the contractor's contract administrator:

NON-DISCLOSURE AGREEMENT

I, _________ do solemnly swear (or affirm) that I will not divulge any information, whether obtained orally or in writing from, or data maintained by the Millennium Challenge Corporation (MCC) to any unauthorized person for any purpose. I will not directly or indirectly use, or allow the use of Confidential Information for any other purpose other than that directly associated with my officially assigned duties for MCC.

Further, I will not directly or indirectly reveal or cause to be revealed the nature or content of any _________, except to authorized personnel.

I am aware that the unauthorized use of information may be a violation of law and this Agreement.

Company or Subcontractor

Understand that authorized persons refer only to persons assigned to a project requiring access to Confidential Information or directly in the line of management over the project requiring access to the data.

[signatory]

Contract Administrator Date

MCC 52.204-72 COVER LETTER REQUIREMENTS AND IDENTIFICATION OF POINTS OF CONTACT

(NOV 2019)

Offerors/quoters must provide a Cover Letter signed by an individual authorized to commit the company to the quote/proposal. The cover letter must include the Offeror/Quoter's Business Entity Name, Address, Point of Contact, Phone Number, Email and DUNS number and identify all enclosures included in the quote/proposal. In addition, the Offeror/quoter must identify the company's anticipated Contractor Performance and Assessment Reporting System (CPARS) Contractor Representative, to include the individual's full name, telephone number and email address. The letter shall reference the solicitation number and acknowledge that it transmits an offer in response to the solicitation and amendment(s).

It shall state: Quote validity for 90 days after submission.

(End of Clause)

MCC 52.243-70 INCREASE IN SERVICES (OCT 2006)

The services described in Sections B and C (statement of work) represent the Government's best estimate for known requirements at this time. However, due to the uncertainty of the work, the Government reserves the right to add or delete services if the need arises.

52.204-71 MCC 52.204-71 NOTICE OF MCC ELECTRONIC MAIL FILTERS (JUNE 2019)

Offerors and other interested parties are hereby notified that the Millennium Challenge Corporation utilizes electronic mail filters for security purposes that may block certain messages from unknown or suspicious senders and certain potentially malicious file types. As such, the following information and guidance is provided:

a) General Inquiries, Questions, and/or Submission of Quotes/Proposals. As unrecognized or unknown senders may be blocked by MCC's email security measures, Offerors and interested parties are advised of the following:

1. Offerors and interested parties must conform to any submission instructions included in this solicitation or notice, including referencing any solicitation or notice number(s) identified in the subject line of any communications regarding it to minimize the chance that the message will be identified as spam or as a suspicious message.

2. MCC considers Offerors and interested parties responsible for confirming with MCC personnel that messages containing such communications, including general inquiries about MCC solicitations, questions regarding MCC solicitations, and electronic submissions of quotes or proposals have been received.

3. As a general practice, MCC acknowledges receipt of inquiries about a solicitation, questions about a solicitation, or submission of quotes/proposals in writing, so if such an acknowledgement has not been received, then the offeror or interested party should contact MCC directly for confirmation of receipt.

4. This verification should be completed by contacting MCC personnel identified directly in this solicitation or notice regarding the inquiry, question, or quote/proposal via telephone number if a confirmation of receipt or acknowledgement is not returned by MCC personnel. As such, Offerors and interested parties, if submitting questions or quotes/proposals that are time-sensitive, must provide sufficient time to contact MCC and verify receipt prior to any quotation/proposal/question due date.

b) Blocked and Unacceptable File Types. Offerors and interested parties are advised that due to current cybersecurity threats, MCC currently blocks attachments containing extensions that run programs. These include any files that contain or are executables, macros, and other extensions that present a threat. As such the Offeror must not use any of these file extensions and remove all macros from Microsoft Office documents (Word, Excel) or their inquiry, question, or quote/proposal will be blocked, preventing receipt of the message by MCC and potentially preventing the Offeror from being considered for award. The following are examples of file types that are blocked, however this list is not exhaustive or fully-inclusive as additional, similar file types may be blocked in the future:

.vbs (Microsoft visual basic scripting)

.vbe (VBScript Encoded Script File)

.scr (script)

.reg (registration file)

.jar (java file extension)

.exe (executable)

.docm (word with macros)

.xlsm (excel with macros)

.pptm (powerpoint with macros)

.app (executable)

.ani (animation files)

.ace (data compression archive file format used by WinAce)

.ico (image file format)

.js (java script)

.zip (compression file)

52.242-70 MCC 52.242-70 CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM

(CPARS) REGISTRATION (NOV 2019)

The Millennium Challenge Corporation (MCC) utilizes the Contractor Performance Assessment Rating System (CPARS) to evaluate contractor performance (see FAR, Subparts 42.1502 and 42.1503). Contractors doing business with MCC are required to register in CPARS accessible via the Internet at: http://www.cpars.gov. An evaluation of contractor performance using the CPARS is mandatory for all contract actions exceeding the simplified threshold, but may be conducted for contract actions lower than that amount should significant events occur such as a contract termination or extraordinary contract performance by the contractor. Inquiries regarding the registration process should be addressed to the CPARS help desk.

The email address is WEBPTSMH@NAVY.MIL and the telephone number is (207) 438-1690. As part of this process, the contractor must determine who will serve as their CPARS "Contractor Representative" in the CPARS system. If, at any time, the contractor makes a determination that their CPARS Contractor Representative needs to change to a different individual, the contractor must contact MCC via email at the address CPARS@mcc.gov to notify MCC of the change so that appropriate action can be taken by MCC's CPARS Focal Points to ensure that the contractor receives timely notification of their evaluation. Failure to do so may result in the contractor not receiving their evaluation in a timely manner and may result in the contractor not receiving the opportunity to provide comments in response to MCC's evaluation. The email notification to CPARS@mcc.gov must contain the following information:

1. Name and email address of previous CPARS Contractor Representative

2. Name and email address of new CPARS Contractor Representative

3. Contract and order number (if applicable) of each affected contract that the contractor has with MCC.

MCC 52.232-74 ODC REIMBURSEMENT (JAN 2007)

Other Direct Charges (ODCs) will be reimbursed for direct costs as provided in the contract and/or task order. To be reimbursed, invoices including ODCs, must provide a detailed breakdown of the actual expenditures invoiced. The contractor shall maintain the original or legible copy of receipts for all ODCs invoiced. MCC reserves the right to request evidence of any ODC reimbursed. To assure timely reimbursement of ODC's, the contractor is strongly encouraged to submit charges within 45 days of the expense.

MCC 52.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM IMPLEMENTATION

CONTRACT (JULY 2012)

Work under this contract may call for the Contractor to furnish important services in support of the design or feasibility of specific activities that may become part of a Millennium Challenge Corporation (MCC) Compact. In accordance with the principles of FAR Subpart 9.5, THE CONTRACTOR MAY BE INELIGIBLE TO FURNISH, AS A PRIME OR SUBCONTRACTOR OR OTHERWISE; THE IMPLEMENTATION SERVICES FOR ANY ACTIVITIES FOR WHICH IT PROVIDES SUBSTANTIAL DESIGN SERVICES EXCEPT FOR SUCH SERVICES THAT MAY BE FURNISHED UNDER THIS CONTRACT. If a determination is made that the contractor is ineligible for implementation services, the MCC Managing Director of Contracts and Grants Management may authorize a waiver (in accordance with FAR 9.503) if the Director determines that preclusion of the Contractor from the implementation contract would not be in the Government's best interest.

MCC 52.204-70 SECURITY REQUIREMENTS FOR CONTRACTOR PERSONNEL - FEBRUARY 2019

A. Compliance with MCC Safety and Security Regulations at MCC Headquarters

1. Personal services contractors (PSCs) and contract employees including those working for subcontractors shall be subject to and abide by all MCC safety and security policy and procedures while on MCC premises, and satisfy applicable requirements for fitness to perform work for or on behalf of MCC, personnel security, and obtaining an MCC Photo Identification (ID) Badge.

2. MCC may impose applicable criminal, civil and/or administrative sanctions, including removal, suspension, termination or suspension of access to information, information systems, or MCC facilities, against any PSC or contractor employee who fails to adequately protect classified national security information or sensitive information, including such information designated as Controlled Unclassified Information, from unauthorized disclosure. The sanctions imposed are under the authority of the applicable laws, regulations, Government-wide and MCC policies.

B. PSC and Contract Employee Fitness and MCC Photo ID Badge Requirements

1. The following are requirements for a PSC or contractor employee who works under this contract and requires access to any of the following: MCC Headquarters, MCCNet, Sensitive But Unclassified (SBU), Foreign Government Information (FGI) or any other designated sensitive information (such as classified national security information and Controlled Unclassified Information under 32 CFR Part 2002).

a. Such an individual must be:

i. A U.S. citizen or have Permanent Resident Status in the U.S;

ii. Screened for fitness to work for or on behalf of MCC;

iii. Determined by MCC to be fit to work for or on behalf of MCC; and

iv. Determined eligible to be issued an MCC Photo Identification Badge.

b. In addition, if the individual is not a U.S. citizen for or in a position designated as moderate or high risk (i.e., a public trust position), the individual must have been residing, working and/or attending an educational institution in the U.S. for at least three, years.

c. MCC may allow such an individual to perform services under this contract based on: (1) a favorable suitability/fitness screening as an interim fitness determination, and (2) a favorable interim credentialing determination for issuance of an MCC Photo ID Badge, as applicable. An interim fitness determination does not satisfy requirement a. iii.) of this paragraph, and an interim credentialing determination does not satisfy requirement a. iv.) of this paragraph.

d. An investigation for an individual's fitness will be required to satisfy requirement a. iii.) except whenever the individual already has an investigation on file that meets the requirements for an investigation based on all applicable position designation(s) for the individual that satisfies/satisfy guidelines issued by the Suitability and Credentialing Executive Agent (SuitCredEA), the Security Executive Agent (SecEA) and the individual has been working for or on behalf of a Federal agency continuously for at least one year in one or more Federal positions or as a contractor employee that was/were subject to suitability or fitness investigation satisfying guidelines issued by the Suitability and Credential Executive Agent. However, no exception to the investigation requirement will be granted whenever MCC obtains new information in connection with the individuals that calls into question the individual's fitness under the criteria for suitability in 5 CFR 731.202. The investigation required will be based on position designation performed by MCC in accordance with 5 CFR 731 and 5 CFR 1400.

2. PSCs and contractor employees for or in public trust positions are subject to reinvestigation for fitness within the timeframe specified by the SuitCredEA.

3. A PSC or contractor employee whose position risk designation increases due to reassignment or change in job duties or responsibilities, is subject to the fitness investigation requirements for the higher risk position at the time the position designation is changed. If the position with the higher risk designation is the same one occupied by the individual, the individual may remain in the position while the investigation is being conducted; otherwise, the individual may not perform services under this contract in the new capacity until the requirements of B.1. of this clause are satisfied. Any upgrade in the investigation required for the new risk level will be initiated by MCC within 14 calendar days of the reassignment or change in job duties or responsibilities.

4. Fitness determinations will be made by MCC using the criteria and guidelines for making suitability determinations in 5 CFR 731.202 and related guidelines of the SuitCredEA. When no new investigation is required, MCC may determine an individual unfit when the investigative record on file for the individual shows conduct that is incompatible with the core duties of the relevant position by applying the criteria and guidelines referenced in this paragraph.

5. If a PSC or contractor employee develops one or more issues with respect to the criteria in 5 CFR 731.202 prior to any required investigation or reinvestigation, MCC may conduct an investigation at any time sufficient to resolve the issues and determine the individual's fitness to work for or on behalf of MCC.

6. Interim and final determinations on eligibility to be issued a MCC Photo ID Badge will be made by MCC based on the SuitCredEA's criteria in "Final Credentialing Standards for Issuing Personal Identity Verification Cards" or it latest successor.

7. Contractor, including any PSC, is required to have all affected personnel complete appropriate security forms, including a signed Personal Information Request Form (PIRF) and a signed form OF 306 Declaration for Federal Employment, which are to be signed and faxed to MCC DIS at 202-521-3590. Candidates for PSC positions must also include a copy of their resume in the fax transmission that includes the PIRF and OF 306. In addition, individuals subject to fitness investigation or reinvestigation must complete a Standard Form 85P or 85P-S (as specified by MCC Domestic and International Security (DIS)) and related signature releases, supplemental forms; and submit to fingerprint imaging within seven (7) days after receiving a DIS e-mail request for the documents. MCC DIS will provide the necessary forms, which must be submitted using an on-line system on the Internet. (Also see "Contract Award" below.)

8. MCC Photo ID Badges will only be issued to individuals determined eligible to be issued one and who attend a scheduled MCC Orientation Program and Security Briefing.

9. Whenever MCC determines an individual is unfit or ineligible to be issued a MCC Photo ID Badge, the Contracting Officer (CO) or CO's Representative (COR) will notify the contractor's contractual point of contact (POC) in writing of the decision and, whenever applicable, that accesses to MCC facilities and information systems have been terminated. Subsequent to issuance of these notifications, contractors are required to provide MCC a suitable replacement; and PSCs and contractors are responsible, whenever applicable, for the return of the subject individual's MCC Photo ID Badge and any MCC equipment that was issued to the individual.

C. Personnel Security Requirements for PSCs Paid Directly by MCC

1. PSCs directly paid by MCC without interim national security eligibility granted by MCC or national security eligibility at least at the level required for the position, duties, or work activities specified as requiring such eligibility, including that for access to classified national security information, by this contract are prohibited from rendering services under this contract.

2. MCC will determine national security eligibility for all PSCs to whom MCC makes direct payments for services rendered and whose position requires such eligibility as approved by the appropriate MCC department vice president-level executive.

MCC will: (1) make eligibility determinations based on a background investigation that meets the requirements issued by the SecEA; (2) determine whether a previously-performed investigation satisfies the investigative requirements using guidelines issued by the Office of Management and Budget or the SecEA; and (3) adjudicate personnel security background investigations or any other information related to determining national security eligibility using the criteria in Security Executive Agent Directive 4, National Security Adjudicative Guidelines, or its latest successor.

3. A PSC granted national security eligibility by MCC is subject to a personnel security reinvestigation by MCC within the timeframe specified by the SecEA.

4. MCC may at any time perform a personnel security reinvestigation of a PSC to whom it has granted national security eligibility.

5. MCC may administratively withdraw national security eligibility it has granted whenever it determines such eligibility is no longer needed. MCC may administratively downgrade a Top Secret security clearance holder's clearance to Secret whenever it determines the holder no longer needs access to Top Secret information.

6. Whenever a personnel security investigation or reinvestigation is required, PSCs and PSC candidates will submit to MCC DIS, personnel security background investigation forms, including a PIRF, OF 306, a copy of their resume, a…