05 - C - SOLICITATION - 95332423Q0069.pdf

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08/23/2023 12:00 PM

95332423Q0069

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 MCC SECURITY SUPPORT 0

Contract Type:Firm Fixed Price

Unit Price Extended Price

Description:

This is a straight 5 year Banket Purchase Agreement (BPA) for security support for the following 5 elements:

ELEMENT 1: Security reports from Burkina Faso and Niger.

ELEMENT 2: Hostile Environment Awareness Training (HEAT).

ELEMENT 3: Defensive Driver Training ELEMENT 4: Consultation for MCC Security Programs.

ELEMENT 5: Threat environment monitoring.

The specifics for these five (5) elements can be found in the "Statement of Need" located in "SECTION C" of this solicitation.

Specifics, details and funding for the orders will be placed by the BPA Call Orders placed against the awarded

BPA.

PERIOD OF PERFORMANCE:

Start Date: DATE OF AWARD End Date: 60 MONTHS LATER

The period of performance for this BPA shall be a length of five years from date of issuance/award of the actual

BPA.

Purchase Requisitions

IDC Type: Not Applicable NAICS Code: 541690 Other Scientific and Technical Consulting Services

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION B (Continued)

B.1. FAR 52.216-1 -- Type of Contract (APR 1984)

The government contemplates award of one (1) Blanket Purchase Agreement (BPA) and at least one time-and-materials (T&M) BPA Call Order resulting from this solicitation. Future call orders issued against the BPA will either be time-and-materials (T&M) or firm-fixed-price type orders.

(End of Clause)

B.2. Extent of Obligation.

The Government is obligated only to the extent of authorized BPA Call Orders issued under this BPA.

B.3. Funding Type.

The funding type will be identified at the BPA Call Order level; any relevant restrictions or flexibilities permitted by the funding type will be identified therein.

B.4. Purchase Limitations.

Each individual purchase under this BPA is limited to the total value stated at FAR 13.500(a), which is currently $7.5 million.

That does not mean that the value of the BPA will be that high.

B.5. Limitation of Funds - Incrementally Funded Contracts.

In accordance with clause MCC52.232-72, "Limitation of Funds Incrementally Funded Contracts," funds in the amount of [TBD] have been allotted to this contract. It is contemplated that funds now obligated under this contract will cover the work to be performed until [TBD]. The contractor shall not perform work on the contract which exceeds the total amount actually allotted by the government to the contract. The government is not obligated to reimburse the contractor for costs incurred in excess of the total amount allotted by the government to this contract. The contractor assumes the risk for any increased costs beyond what the government obligates.

(End of SECTION B)

Section C - Description/Specifications/Work Statement

Clauses incorporated by reference

None

Clauses incorporated by full text

STATEMENT OF NEED (Continued) MCC Statement of Need for

Security Support

C.1. Introduction

The Millennium Challenge Corporation ("MCC") is a Federal Corporation created under Title VI of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004.

As a result of this solicitation, MCC will make an award to the offeror whose proposal is the most advantageous in meeting requirements outlined herein.

C.2. Element 1: Security Reports from Burkina Faso and Niger:

Requirement:

Security reporting for the Sahel to specifically include Niger and Burkina Faso.

Provide daily and weekly security reports in Burkina Faso as well as weekly security reports for Niger. The daily and weekly security reports should deliver a multi-sectioned document providing localized risk assessments, a contextual overview, geo-oriented incident listings and access-based reporting.

These reports must include:

1) Risk Assessments:

The daily and weekly security report include a sub-regional risk assessment for Burkina Faso and Niger, providing the reader with a quick reference to the current risk levels of each individual area as assessed.

2) Contextual Overview:

Subsequently, the report includes a highlight of incident and trend developments with the subsequent 14-day period. This highlight will allow the reader to quickly ascertain whether or not the report will discuss in further detail any incidents which may have occurred in any key areas of interest. Further to the key highlights, the contextual overview section will discuss the wider security and risk situation in either country and to provide a useful narrative for current trends occurring within the country. This section proves particularly useful when sharing within the wider organization and to such readers who are unfamiliar with the current local context or for those who may engage with the context on an infrequent or sporadic basis.

3) Incident Reporting:

The incident reporting section includes a classic but technically accessible region by region listing of incidents which have occurred in the recent past. These incidents are inscribed in a standardized formatting with inset google-maps links to facilitate geo-orientation for the reader. The incidents are listed and sub-divided by national sub-regions and describe all manner of developments including, direct attacks, improvised explosive device detonation or detection, ambushes, kidnappings, acts of intimidations, school closures, instances of open armed conflict, instances of intercommunal violence, political developments, civil unrest, economic developments and regional developments. The reports must highlight emerging trends which the incident may be contributing to as well as providing pertinent historical references to incidents which share similar geographic, methodological or timeline commonalities. This comment section provides an invaluable resource to senior management to make informed decisions given the developing security situation with concrete evidence.

4) Access:

The reports must also include an access update section which provides useful information surrounding operational access issues and indicators which may have impact on an organizations' ability to move and operate within Burkina Faso. The access indicators which are reported on include: Urgent access updates, current curfews throughout the country, market accessibility, airport (international and national) accessibility and operability, fuel prices, scheduled protests and demonstrations, newly emerging threats and other public health concerns or constraints.

Deliverable:

The deliverable for this "ELEMENT" would be the report type:

Analytical Reports Format (See "definition" at end of this Section).

C.3. Element 2: Hostile Environment Awareness Training (HEAT):

Requirement:

Provide a 3-5 day in-person HEAT to MCC Programs globally. Vendor must be able to provide training in English, French, Spanish and Portuguese.

HEAT Concept of Operations

HEAT class configuration - Training course is a three-day to five-day course for a maximum of 20 and a minimum of 12 participants per class. The HEAT could be delivered as a residential (where the participants live on site for the duration of the course with full room and board), or as a non-residential course (where participants travel to the training site every morning and return home every evening).

A focus on practical skills - HEAT course is designed to be as immersive and as practical as possible.

HEAT needs to address country specific threats and include specific training blocks on first aid, mission planning and react to threat exercises.

Deliverable:

The deliverable for this "ELEMENT" would be the actual training event.

C.4. Element 3: Defensive Driver's Training

Requirement:

Provide Defensive Driver Training to MCC Programs worldwide. Given that the highest risk to life and limb for diplomats and humanitarian aid workers is that of road traffic accidents (far beyond threats motivated by armed groups or terrorism), the need for well trained and aware drivers is critical and likely the most effective investment and organization can make for to contribute to the overall safety and security of their staff members.

Defensive driving training will consist of a 3-day in person program that include basic defensive driving, convoy operations and basic vehicle preparation/maintenance.

Deliverable:

The "Deliverable" for this "ELEMENT" would be the actual training event.

C.5. Element 4: Consultation for MCC Security Programs:

Requirement:

Provide expert consultation and analysis, when requested, on existing or proposed MCC Security Programs.

This includes analysis of security trends or emerging incidents and on the ground risk assessments in identified areas of concern or operations.

Deliverable:

The deliverable for this "ELEMENT" would be the report type:

Analytical Reports Format (See "definition" at end of this Section).

C.6. Element 5: Threat environment monitoring:

Requirement:

Provide threat environment monitoring briefings and written reports of threats, incidents of concern, threat actors that could impact MCC programming, response planning, and mitigation recommendations for designated areas of concern.

Threat environment monitoring covers a range of topics, including:

Threat Assessment: This includes identifying potential threats to the organization, assessing the level of risk they pose, and developing strategies to mitigate those risks.

Situational Awareness: Maintaining the importance of maintaining situational awareness at all times, including identifying potential threats and suspicious activities and taking appropriate action to respond to those threats.

Communication and Reporting: Effective communication and reporting are critical components of threat environment monitoring.

Technology and Tools: Threat environment monitoring may involve the use of various tools and technologies.

Response Planning: In the event of a threat, effective response planning is critical.

Deliverable:

The deliverable for this "ELEMENT" would be the report type:

Analytical Reports Format (See "definition" at end of this Section).

C.7. Report Definition

Analytical Reports:

This report type contains a mix of useful information to facilitate the decision-making process through a mix of qualitative and quantitative insights as well as real-time and historical data. Unlike informational reports that purely inform users about a topic, this report type also aims to provide recommendations about the next steps and help with problem-solving. With this information in hand, businesses can build strategies based on analytical evidence and not simple intuition. With the use of the right reporting tool businesses can generate various types of analytical reports that include accurate forecasts via predictive analytics technologies.

There are three types of analytics that are used to drive the decision making:

descriptive analytics, which tell us what has already happened;

predictive analytics, which show us what could happen, and finally, prescriptive analytics, which inform us what should happen in the future.

The types of analytics used to develop the deliverables for this requirement will help to ensure MCC's continued ability to operate in countries with a dynamic security and political environment.

C.8. Quality Control Plan

The Contractor shall have in place and maintain a Quality Assurance/Quality Control (QA/QC) Plan that covers, at a minimum, how the Contractor intends to meet all performance objectives, monitor and proactively manage contract requirements. It shall also include the mechanism by which MCC will be notified of performance-related incidents that are likely to affect quality of service.

(End of Statement of Need)

(End of SECTION C)

Section D - Packaging and Marking

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION D (Continued)

D.1. All reports and submissions to MCC shall be in the English language.

D.2. The reports shall be e-mailed in PDF format to designated personnel within MCC. The COR shall provide the list, which shall include valid e-mail addresses for recipients.

D.3. All reports and submissions to MCC shall include the contract number on the cover page.

D.4. Disclaimer for Deliverables - The Contractor shall ensure that each report prepared by the Contractor and delivered under this Contract contains the following on the cover or first page of such report:

"The views and opinions expressed herein are those of the author(s) and do not necessarily represent those of MCC or any other U.S. Government entity."

Unique Entity Identifier (SAM replaced the DUNS # with the UEID)

(End of SECTION D)

Section E - Inspection and Acceptance Terms

None

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION E (Continued)

E.1. For firm-fixed price call orders, inspection and acceptance shall be in accordance with the terms of FAR 52.212-4, Contract Terms and Conditions Commercial Products and Commercial Services, paragraph (a) Inspection/ Acceptance. For timeand-materials or labor-hour call orders, Alternate I to FAR 52.212-4 applies.

(End of SECTION E)

Section F - Delivery or Performance

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

MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON DC

US 20005

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION F (Continued)

F.1. Period of Performance

The overall anticipated period of performance for this Blanket Purchase Agreement (BPA) is five years from date of award.

F.2. Place of Performance

The contractor shall perform the services out of their company office and/or in Niger and Burkina Faso.

F.3. Key Deliverables

All deliverables are identified and explained in the "Statement of Need" in SECTION C of this solicitation.

F.4. Document Ownership and Information Management 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 COR for efficient and timely reviews and communications as specifically requested.

F.5. Technical Direction

Performance of the work under this contract is subject to the written technical direction of the Contracting Officer's Representative (COR) and any Government Project Monitors (PM), who shall be specifically appointed, and responsibilities identified, by the Contracting Officer in writing in accordance with MCC policy. "Technical direction" means a directive to the Contractor that approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instruction to the Contractor. Technical direction includes requiring studies and pursuit of certain lines of inquiry regarding matters within the general tasks and requirements in "Section C" of this contract.

(End of SECTION F)

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: (202) 521-7895 Fax:

Contact Details:

O'Brien, Colin W obriencw@mcc.gov

Property Administration 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:

Jones, Sarah E.

COR Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: (202) 521-7895 Fax:

Contact Details:

O'Brien, Colin W obriencw@mcc.gov

Issuing Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: 202-521-3656 Fax:

Contact Details:

Staniewski, Raymond J staniewskirj@mcc.gov

Payment Office Address

IBC-FIN

Interior Business Center M/S D-2773 7301 West Mansfield Avenue Lakewood CO 80235-2230 Phone: Fax:

Contact Details:

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION G (Continued)

G.1. MCC 52.201-70 -- Contracting Officer's Representative (COR) and/or Project Monitor (PM)

(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)

G.2. 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)

(End of Clause)

G.3. MCC 52.209-70 -- Organizational Conflicts of Interest: Preclusion from Implementation of 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.

(End of Clause)

G.4. MCC 52.232-72 -- Limitation of Funds Incrementally Funded Contracts (NOV 2006)

(a) Of the total price in Section B (or the "Prices" section), only the amount stated on the contract award document or subsequent modifications is now available for payment and obligated under this contract. It is anticipated that from time to time, additional funds will be obligated under the contract until the total price of the contract is obligated.

(b) The Government is not obligated to pay or reimburse the contractor more than the amount obligated pursuant to this clause. The contractor agrees to perform the contract up to the point at which the total amount paid and payable by the Government (including amounts payable for subcontracts and settlement costs if this contract is terminated for convenience) approximates but does not exceed the total amount obligated.

(c)(1) If the contractor considers the funds obligated under this contract to be insufficient to cover the work to be performed until the date specified in Section B, or another date agreed to by the parties, the contractor shall notify the contracting officer in writing and indicate the date on which it expects expended funds to approximate 75 percent of the total amount obligated. The notice shall state the estimated amount of additional funds required to continue performance through the date for which incremental funds is provided.

(2) If, after notification is provided pursuant to paragraph (c)(1) of this clause, additional funds are not obligated, or an earlier date than the date in Section B of this clause is not agreed to, the contractor shall not be obligated to continue performance under this contract (including actions under the termination clause of this contract) beyond the funds obligated for contract performance.

(d) When additional funds are obligated from time to time for continued performance of this contract, the contract shall be modified to increase the funds obligated and to indicate the period of performance for which funds are applicable. The contractor may notify the contracting officer as provided in paragraph (c)(1) of this clause regarding any additional funds obligated.

(e) This clause shall become inoperative upon obligation of funds sufficient to cover the full price stated in the contract, except for rights and obligations then existing under this clause.

(f) Nothing in this clause shall affect the Government's right to terminate the contract for convenience or default.

(End of Clause)

G.5. MCC 52.242-70 -- Contractor Performance Assessment Rating System (CPARS) Registration (AUG 2011)

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.csd.disa.mil/cparsmain.htm. An evaluation of contractor performance using the CPARS is mandatory for all contract actions exceeding $150,000 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.

(End of Clause)

G.6. MCC 52.243-70 Increase in Services (Oct 2006)

The services described in Sections B and C (Statement of Need) 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.

(End of Clause)

(End of SECTION G)

Section H - Special Contract Requirements

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION H (Continued)

H.1. Delivered Work Product Free from 3rd Party Rights

Upon delivery of any work product under this Contract, the Contractor shall be deemed to have represented and warranted that such work product does not infringe on any existing copyright, trademark, right of publicity or privacy, or any other third party right and does not constitute the defamation or libel of any person, entity or product. The Contractor is solely liable for the content of any work product delivered under this Contract.

H.2. 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, _____(contractor employee's name)_____ 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 (Confidential Information), 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

(End of Clause)

H.3. MCC 52.232-70 -- Invoice Instructions (May 2017)

Invoices shall be paid in accordance with the Prompt Payment Act, thirty days (30) following receipt of a proper invoice. The Contractor shall submit each invoice electronically via email or fax to the following:

Fax: 303.969.5151/7281 ATTN: MCC Payments, or

Email: mcc_accounting_ibcdenver@ibc.doi.gov or

As an alternative to electronic submission of invoices, one copy of each invoice may be submitted to the following address:

Interior Business Center

M/S D-2773

7301 West Mansfield Avenue

Lakewood, CO 80235-2230

If it is determined that the amount billed is incorrect, the invoice may be revised by the Government, or the contractor may be required to submit a revised invoice.

To constitute a proper invoice, each invoice must include the following information and/or attached documentation:

(1) Name, address and telephone of the Contractor

(2) Date of invoice and invoice number

(3) Contract number (including task order or call number and contract line item(s)) also modification number, if applicable

(4) Description (quantity, unit of measure, unit price, and extended price) of the supplies/services rendered (including hours incurred and billing rate, as applicable to the contract)

(5) A schedule depicting the following information:

Amount Invoiced

This Period

Cumulative Amount Invoiced

Authorized Value of Contract

Balance Remaining on Contract

If the contractor is billing for costs incurred over more than a single month, the costs for each month in which the costs were incurred and shall be segregated into the month they were actually incurred.

(6) Name of Contracting Officer's Representative (COR); and

(7) Signature of authorized representative of the firm with the following invoice certification:

"The undersigned hereby certifies to the best of my knowledge and belief that: the sum claimed under this contract is proper and due, and all the costs of contract performance have been paid, or to the extent allowed under the applicable payment clause, will be paid by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and amounts involved are consistent with the requirements of this Contract.

BY:______________________________________

TITLE:___________________________________

DATE: ___________________________________

Inquiries regarding the status of invoices may be directed to NBC Accounting. The email address is:

mcc_accounting_ibcdenver@ibc.doi.gov.

(End of Clause)

(End of SECTION H)

Section I - Contract Clauses

Clauses incorporated by reference

Article Number Reference Text 52.204-13 52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

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

52.212-4 52.212-4 Contract Terms and Conditions Commercial Products and Commercial Services (Dec 2022)

52.227-14 52.227-14 Rights in Data-General (MAY 2014)

52.232-39 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.245-9 52.245-9 Use and Charges (APR 2012)

Clauses incorporated by full text

52.212-5 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Products and Commercial Services (Jun 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C.

4704 and 10 U.S.C. 4655).

x (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

_________ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

(5) [Reserved].

X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_________ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

_________ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub.

L. 117-328).

X (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

X (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(11) [Reserved].

_________ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

_________ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(14) [Reserved]

_________ (15)(i) 52.219-6, Notice of Total Small Business Set-Aside (Oct 2022 (15 U.S.C. 644).

_________ (ii) Alternate I (Mar 2020) of 52.219-6.

_________ (16)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

_________ (ii) Alternate I (Mar 2020) of 52.219-7.

X (17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

X (18)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

_________ (ii) Alternate I (Nov 2016) of 52.219-9.

_________ (iii) Alternate II (Nov 2016) of 52.219-9.

_________ (iv) Alternate III (Jun 2020) of 52.219-9.

_________ (v) Alternate IV (Sep 2021) of 52.219-9.

X (19)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020)(15 U.S.C. 644(r)).

_________ (ii) Alternate I (Mar 2020) of 52.219-13.

X (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s)

X (21) 52.219-16, Liquidated Damages - Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

_________ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023) (15 U.S.C. 632(a)(2)).

_________ (ii) Alternate I (Mar 2020) of 52.219-28.

_________ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

_________ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

_________ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_________ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

X (28) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

X (29) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Dec 2022) (E.O. 13126).

X (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

_________ (ii) Alternate I (Feb 1999) of 52.222-26.

X (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

_________ (ii) Alternate I (Jul 2014) of 52.222-35.

X (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

_________ (ii) Alternate I (Jul 2014) of 52.222-36.

X (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_________ (36)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (37) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

_________ (38)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_________ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_________ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_________ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

_________ (41)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

_________ (ii) Alternate I (Oct 2015) of 52.223-13.

_________ (42)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

_________ (ii) Alternate I (Jun 2014) of 52.223-14.

X (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

_________ (43)(i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

_________ (ii) Alternate I (Jun 2014) of 52.223-16.

X (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

_________ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_________ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_________ (48)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

_________ (ii) Alternate I (Jan 2017) of 52.224-3.

_________ (49) 52.225-1, Buy American - Supplies (Oct 2022) (41 U.S.C. chapter 83).

_________ (50)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

_________ (ii) Alternate I [Reserved].

_________ (iii) Alternate II (Dec 2022) of 52.225-3.

_________ (iv) Alternate III (JAN 2021) of 52.225-3.

_________ (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_________ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

_________ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_________ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

_________ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

_________ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Oct 2018) (31 U.S.C. 3332).

_________ (60) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_________ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_________ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

_________ (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 (b) and 10 U.S.C. 2631).

_________ (ii) Alternate I (Apr 2003) of 52.247-64.

_________ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR 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 products and commercial services:

_________ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

_________ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_________ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_________ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (JAN 2021) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_________ (5) 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).

_________ (6) 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).

_________ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_________ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

_________ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products and commercial services. 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 (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117- 328).

(vi) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(viii) 52.222-26, Equal Opportunity (Sep 2015) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 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.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv)

X (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xx)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv)…