95332419Q0048_OGC_Attorney_Advisor_PSC_Solicitation_and_Addendum_1.pdf

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 1 of 45

Millennium Challenge Corporation

Combined Synopsis Solicitation

OGC Attorney Advisor (Administrative Law) PSC

Date Posted: Wednesday, April 17, 2019

Announcement Number: 95332419Q0048

Title: OGC Attorney Advisor (Administrative Law Attorney) PSC

Position Information: Full-time OR Intermittent with a minimum of 20 hours per week

(applicant to specify preference in their submission), Personal

Services Contractor (PSC)

One year (Full-time at 2,087 hours per year; Intermittent at 1,040 to

1,664 hours per year), renewable for up to 4 additional years at the sole discretion of the Government

Pay Band: Equivalent to MCC Pay-Band 3A ($55.10 - $84.11 per hour)

The PSC will receive a pay supplement in lieu of fringe benefits in the amount of 15% of the employee’s direct labor cost if full-time or 30% if intermittent.

Closing Date for Questions: Monday, April 29, 2019 at 10:00 AM Eastern Time

Submission Deadline: Thursday, May 16, 2019 at 4:00 PM Eastern Time

Who May Be Considered: U.S. citizens

Duty Location: MCC Headquarters, Washington, DC

More than one (1) award may be made from this solicitation

1. INTRODUCTION AND BACKGROUND

The mission of the Millennium Challenge Corporation (MCC) is to provide grant assistance to support economic growth and poverty reduction in select developing countries with a demonstrated commitment to just and democratic governance, economic freedom, and investments in their citizenry. MCC’s partner countries enter into a five-year agreement (Compact) with MCC that includes a plan for achieving shared development objectives and the responsibilities of each country in achieving those objectives. Our model is defined by core principles of selectivity, country ownership, transparency, and a focus on results.

Our values identify who we are and what is important to us. Our Values are CLEAR: Embrace

Collaboration, Always Learn, Practice Excellence, Be Accountable and Respect individuals and ideas.

MCC’s values define how we behave on a daily basis, both as individuals and as an institution, in pursuit of our mission. They guide how we make decisions, set priorities, address challenges, manage tradeoffs, recruit and develop staff, and work together with our country partners and stakeholders.

This Personal Services Contractor (PSC) position is located in the Office of the General Counsel (OGC) at MCC. OGC's mission is to provide full-service legal support for all requirements driven by MCC's mission.

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 2 of 45

2. SCOPE OF POSITION

The PSC will serve as an advisor, technical expert, and resource to MCC officials and employees by providing ongoing support and legal advisory services with respect to complex and difficult questions impacting MCC administrative programs and operations. Assistance provided supports multi-disciplinary projects related to sensitive and complex public policies of national or international significance that have complex legal aspects and involve controversial legal issues.

3. PERSONAL SERVICES CONTRACT

MCC is authorized to enter into a contract with an individual as a Personal Services Contractor (PSC) under the authority of Section 614(a) (8) of the Millennium Challenge Act of 2003.

A personal services contract is different from non-personal services Government contract, which establishes an independent contract relationship. Under a non-personal services contract, the contractor or employees of the contractor are subject to the technical direction but not the supervision of the MCC. As defined by the Federal Acquisition Regulation (FAR) 37.104, a personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor personnel.

Thus, the PSC is subject to the relatively continuous technical direction, supervision, and control of the

MCC. PSCs may be assigned inherently governmental duties (see FAR 7.502). By law and by the contract’s terms, the PSC is subject to most of the laws, rules and regulations applicable to the direct hire employee such as MCC regulations, conflict of interest, under some circumstances MCC authorized employment security clearances and financial disclosure. However, under the MCC personal services contract authority, PSCs are not employees for purposes of laws administered by the Office of Personnel

Management (OPM). The following elements apply to this contract:

(1) Performance in Washington, D.C., US, MCC eligible countries, other US and foreign cities (as required for outreach purposes), and/or at the PSC’s home of record.

(2) Principal tools and equipment furnished by the Government.

(3) Services are applied directly to the integral effort of agencies or an organizational subpart in furtherance of assigned function or mission.

(4) Comparable services, meeting comparable needs, are performed in the same or similar agencies using civil service personnel.

(5) The need for the type of service provided can reasonably be expected to last beyond 1 year.

(6) The inherent nature of the service, or the manner in which it is provided, reasonably requires directly or indirectly, Government direction or supervision of contractor employees in order to—

(i) Adequately protect the Government’s interest;

(ii) Retain control of the function involved; or

(iii) Retain full personal responsibility for the function supported in a duly authorized Federal officer or employee.

4. KEY REQUIREMENTS

U.S. citizenship https://www.acquisition.gov/?q=browsefar

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 3 of 45

Must be able to obtain and maintain a federal security clearance at the Top Secret level.

Performance at MCC Headquarters in Washington, DC.

Domestic and international travel may be required.

Statement of Employment & Financial Interest (i.e. Office of Government Ethics “OGE Form-450”, or similar statement) may be required.

Active System for Award Management (SAM) (www.sam.gov) registration and be listed as sole-proprietor before the contract is awarded. See Addendum 4 for a Quick Start Guide on the SAM registration process. An active SAM registration is not required at the time of application (although candidates are highly encouraged to initiate the registration process before submission), but must be complete and active before the contract is awarded.

Designated and/or random drug testing required.

5. DUTIES

Major Duties and Responsibilities

• Provides legal advice and counsel to MCC clients on administrative matters affecting the Agency’s operations, and provides legal counsel to ensure agency compliance with all applicable laws, regulations, and Executive Orders.

• Drafts interpretative analysis of program policy development associated with a variety of critical

MCC programs and operations. Exercises responsibility for the analysis, development, advocacy and review of policies affecting the operations of MCC.

• Represents MCC in administrative litigation matters and alternative dispute resolution (ADR) proceedings involving employment law, contracts, including bid protest, whistleblower, debt collection, information and privacy laws, and other administrative law matters. Conducts discovery, interview witnesses, review investigation reports, drafts memoranda, policies, and pleadings.

• Assists MCC’s Assistant General Counsels (Administration) in coordinating with the Department of Justice on all civil litigation matters affecting MCC.

• Monitor and advise on new or changes to existing administrative laws, executive orders, rules and regulations affecting MCC programs and operations.

• Assists the Designated Agency Ethics Official in all aspects of the ethics program, including review of required financial disclosure reports, training agency employees on the Standards of

Ethical Conduct, and providing advice to employees on a case by case basis.

• Provide legal advice and counsel to MCC’s Chief Freedom of Information Act (FOIA) Officer or

FOIA Appeal Authority on legal issues related the release or denial all FOIA/Privacy Act requests and on other matters related to FOIA.

• Supports MCC’s Assistant General Counsels in a wide range of information law matters, including interpretation and implementation of the Federal Records Act, Paperwork Reduction Act, Open https://www.sam.gov/portal/SAM/

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 4 of 45

Government initiatives, and related laws and regulations to MCC programs and operations. Assists in other administrative law matters such as fiscal law, audit response, and intellectual property as necessary.

• Ensures legal opinions, briefs, memoranda, etc. are fully researched, and contain appropriate legal and policy conclusions.

• Pursues and achieves goals to improve the efficiency and effectiveness of OGC operations including the development and implementation of new or enhanced training programs for staff or automation initiatives, etc.

• Recommends and formulates MCC’s position regarding difficult and complex legal problems and issues that may be controversial or of significant public interest. Provides advice and consultation, as a technical expert in the field of administrative law.

• Performs other duties as assigned.

• Occasional domestic and international travel may be required to perform job related duties and responsibilities, or to attend job related training.

6. QUALIFICATIONS REQUIRED

Offerors must meet all the required qualifications described below by the closing date of this announcement. Desired qualifications will only be considered once all required qualifications are met.

Candidates must demonstrate that they possess the following:

(a) Required Qualifications:

• Minimum of four (4) years of experience in providing legal representation or advisory services or litigation in at least two (2) of the following areas of legal practice: litigation, labor and employment law, civil rights law, contract law, debt collection, policy, administrative law, or ethics.

• Demonstrate successful completion of a full course of study (graduation with a JD) in a school of law accredited by the American Bar Association (ABA).

• Current, active membership in good standing of the bar of a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.

• Mastery of the legal principals, research, methods, practices, and techniques sufficient to serve as a technical resource and advisor to top MCC officials on a variety of legal and administrative issues affecting critical operational programs and operations of the Corporation.

• Knowledge of techniques associated with objective reviews of information to analyze conflicting data, summarize recommendations, consider various points of view, and specify reasons for acceptance or rejection.

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 5 of 45

• Knowledge of the principles of effective written communication and correct English usage to express ideas effectively in writing, encapsulate essential concepts for the benefit of busy policy-makers, and communicate complex and voluminous information quickly under the pressure of short deadlines.

• Knowledge of the practices required for efficient workload management, to receive and understand assignments, analyze required actions, perform tasks, and organize and file completed actions.

Ability to multitask and prioritize workload to achieve goals.

• Knowledge of principles of effective oral communication to convey information and deliver briefings to clients and other interested parties, as well as, represent the agency in administrative litigation.

(b) Desired Qualifications:

• Knowledge of 29 C.F.R. Part 1614, EEOC Management Directive (MD) 110, MCC's EEO Policy, Title VII of the Civil Rights Act of 1964 (Title VII), as amended, 42 U.S.C. §2000e, and Section

501 of the Rehabilitation Act of 1973 (Rehabilitation Act), as amended, 29 U.S.C. § 791; all other anti-discrimination statutes and regulations applicable to federal agencies.

• Demonstrated specialized experience in providing legal advisory services, administrative litigation, and drafting legal documents.

NOTE: All experience must be well-documented on the resume and within the submission. All aspects of the submission must specifically show how the Candidate meets the qualifications required.

Credit may be given for appropriate unpaid and/or part-time work. To receive credit, submissions must clearly identify the duties and responsibilities in each position held and the total number of hours worked per week.

7. REQUIRED DOCUMENTATION

Interested Candidates must submit all required documents to include, but not limited to:

Copy of law school transcript or other valid proof of attendance and graduation from an ABA-accredited law school (unofficial copies are permissible).

Certificate of Good Standing or other valid proof that you are a current active member of a bar with a valid license to practice law in a state, territory of the United States, District of Columbia, or Commonwealth of Puerto Rico.

Completed and signed BIODATA FORM (Addendum 3) with proposed salary and schedule

(full-time or intermittent). Typed signature is not acceptable. Physical signature or electronic signature are acceptable.

Curriculum vitae or resume (limit 10 pages).

A legal writing sample such as a motion, response to a motion, or legal memoranda that contains a legal analysis of an issue (minimum of 5 pages, must not exceed 15 pages in length).

A written narrative of up to five pages clearly describing relevant experience and knowledge of each of the qualification requirements (see Section 6). Include proposed schedule (full-time or intermittent), and proposed number of weekly hours if intermittent.

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 6 of 45

No less than three and no more than five professional references with current contact information. References must either be a present or past supervisor or client. No references from peers or non-supervisory co-workers will be accepted.

Desired Documentation:

A cover letter, not to exceed one page, to highlight your suitability for this position. The cover letter is NOT included in the required written narrative.

8. COMPENSATION

PSCs for the services of individual experts or consultants are limited by the Classification Act. In addition, the Office of Personnel Management (OPM) has established requirements which apply in acquiring the personal services of experts or consultants in this manner (e.g., benefits, taxes, conflicts of interest).

This is a full-time OR intermittent position (applicant to specify their preference) for an Attorney Advisor

(Administrative Law) PSC and the maximum number of hours allowed is 2,087 per year (1,664 for intermittent PSCs). The contract will have a one-year base period and four (4) one-year option periods that may be exercised at the sole discretion of MCC, for a total potential contract length of five (5) years.

Overtime is NOT authorized on this contract.

The pay range for this position is Pay-Band 3A ($55.10 - $84.11 per hour), inclusive of Washington, DC locality pay. Final compensation will be negotiated within this pay range based upon the successful

Candidate’s salary history, work experience and educational background. A salary above this pay range will NOT be entertained or negotiated.

MCC issues W-2s to the PSC. For U.S. citizens, MCC makes the employer contribution to FICA and

Medicare for the PSC. MCC withholds FICA, Medicare, federal tax and state tax on behalf of the PSC.

The PSC is not eligible for the Foreign Earned Income Exclusion.

9. BENEFITS

Under the MCC personal services contracting authority, PSCs are not employees for purposes of laws administered by OPM, such as Federal Retirement Benefits and health and life insurance. As such, the

PSC is not eligible for participation in the Civil Service Retirement System or the Federal Employees

Retirement System. Moreover, the PSC is ineligible to receive Federal Health and Life Insurance or participate in the Federal Thrift Savings Plan.

Notwithstanding the above, a full-time PSC will receive a pay supplement of 15% of the employee’s direct labor cost in lieu of fringe benefits, and an intermittent PSC will receive a pay supplement of 30% of the employee’s direct labor cost in lieu of fringe benefits.

a) Sick Leave

The full-time PSC earns sick leave on the same basis as direct-hire MCC employees, that is, maximum four (4) hours for every biweekly pay period. The intermittent PSC does not earn sick leave.

b) Annual Leave

The full-time PSC earns four, six, or eight hours of annual leave for each biweekly pay period depending on the number of years of previous federal government employment based upon

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 7 of 45 determination made by MCC. The intermittent PSC does not earn annual leave.

c) Parking & Transit Subsidy

The full-time PSC working at MCC Headquarters in Washington, DC is eligible for parking or transit subsidy, subject to the availability of funds. The full-time PSC whose duty station is overseas is not eligible for this subsidy. The intermittent PSC is not eligible for this subsidy.

d) Credit Hours

The full-time PSC is eligible for credit hours (up to 24 hours earned) under the MCC Credit Hour

Program. PSCs may not receive credit hours for time spent in travel status. The PSC shall be compensated for the credit hour balance upon termination, subject to availability of funds. The intermittent PSC is not eligible for credit hours.

NOTE: In addition to the exclusions spelled out above, the intermittent PSC is not eligible for payment for holidays and other days closed or compensatory time off for travel.

10. TRAVEL

The PSC is subject to the Federal Travel Regulations and MCC travel policies and procedures to the same extent as MCC direct-hire employees.

11. INSTRUCTIONS TO PSC CANDIDATES

In accordance with FAR 52.214-34 & 52.214-35, all submissions are to be in the English language and

US Dollars. Submissions in other languages or monetary denominations shall not be considered.

The QUALIFICATIONS REQUIRED (Section 6) are the basis for evaluating all Submissions. Candidates must separately address each listed qualification requirement and demonstrate how s/he meets each.

Unless stated otherwise, all qualification elements will be weighted equally.

(a) Qualified individuals must be registered in the System for Award Management (SAM) before the contract is awarded. Award of a contract cannot occur until the registration is in “Active” status.

Candidates are highly encouraged to register in SAM before submitting their application, as the registration process can take several weeks. See Addendum 4 for a Quick Guide on the registration process.

(b) Submissions shall be formatted to fit on 8 ½ x 11 paper only. Suggested margins are 1” x 1”. Font to be TIMES NEW ROMAN no larger than 12 point. Hourly rates shall not be mentioned anywhere in your submission other than on the BIODATA FORM (Addendum 3). It is the responsibility of the Candidate to ensure that all pages are properly formatted to fit and that all information properly fits within the margins of each page.

(c) Qualified individuals must submit a completed and formally signed Biodata form (Addendum 3).

Typed signatures are not acceptable. Either physically sign or save the BIODATA FORM as a

PDF and electronically sign it. Please ensure that you provide a current, valid e-mail address and telephone number for notification purposes. The BIODATA FORM must be fully completed including a proposed hourly rate and proposed schedule (full-time or intermittent) and signed for the submission to be considered. A BIODATA FORM without a proposed hourly rate and/or signature may cause you to not be considered.

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 8 of 45

(d) Qualified individuals must submit a resume (or a curriculum vitae) which clearly demonstrates their education, experience, knowledge, and skills and abilities as they relate to the qualification elements. Resume must indicate: the earliest possible start date for the Candidate; as well as formal title, and duration (start date/end date) for each listed position. RESUME IS LIMITED TO

10 PAGES AND MUST NOT CONTAIN A PHOTO OR ANY SALARY INFORMATION.

(e) Describe your experience and knowledge in regards to the qualification requirements in no more than five pages. Clearly demonstrate how your prior experience is relevant to the duties and qualification requirements of this position. The responses should describe specifically and accurately what experience, training, education and/or awards you have received that are relevant to each factor. Cite specific examples where appropriate. Also include your proposed schedule

(full-time or intermittent) and proposed number of weekly hours if intermittent.

(f) Qualified individuals must submit no fewer than three and no more than five professional references, who are not relatives or family members. Submitted references MUST include current information, as follows:

Name and title of reference

Candidate’s relationship to reference

Reference current telephone number (work or personal)

Reference e-mail address (work)

(g) Submissions must be signed and received prior to the closing date and time specified above to be considered for this position. Typed signatures are not acceptable.

To ensure consideration of Submission for the intended position, please reference the position title and announcement number on the subject line of your submission email and on supporting documentation and any cover letter.

12. RESPONSE DEADLINE

Electronic submission is required. Mailed copies of any submission shall not be accepted. Electronic packages shall be submitted by e-mail to Ms. Cindy Guo (guoc@mcc.gov) and Ms. Jacqueline Naranjo

(naranjoj@mcc.gov) before the deadline stated on page 1 of this Combined Synopsis Solicitation.

Submission shall reference the position title AND the announcement number in the e-mail subject line.

MCC does not accept responsibility for delays in transmission or receipt of any submission. Candidates are responsible for submitting their package so as to reach the designated Government office by the closing date and time specified on page 1 of this Combined Synopsis Solicitation. Submissions received after the closing date and time will not be considered, unless there is acceptable evidence to establish that it was indeed received by the Government installation prior to the time and date specified in this announcement.

Receipt of submissions in response to this announcement does not constitute an award commitment. The

U.S. Government will not reimburse any costs incurred in the preparation of a submission. Any submission is at the sole risk and expense of the Candidate.

13. QUESTION DEADLINE

Any questions regarding this announcement shall be submitted in writing via email only (no phone calls) to MCCPSC@mcc.gov, guoc@mcc.gov, and naranjoj@mcc.gov before the deadline as given on page 1 of this Combined Synopsis Solicitation.

mailto:guoc@mcc.gov mailto:naranjoj@mcc.gov mailto:MCCPSC@mcc.gov mailto:guoc@mcc.gov mailto:naranjoj@mcc.gov

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 9 of 45

14. SELECTION PROCESS

In order to be considered for the requirement, a Candidate must meet the qualifications listed above.

Consideration and selection will be based on a panel evaluation in accordance with the

QUALIFICATIONS REQUIRED (see Section 6). In addition to the materials listed above, Candidates are strongly encouraged to write a cover letter, not to exceed one page, to highlight their suitability for this position. The cover letter is NOT included in the required written narrative.

All submissions will be evaluated based on the documentation submitted, the Candidate’s evidence of the above qualification requirements, performance in a potential discussion/negotiation session, if conducted, and information provided by references, if contacted. Please note that for evaluation purposes, MCC will take into consideration your proposed labor rate and schedule. Preference will be given to Candidates proposing a full-time schedule. All submissions will receive one of three scores for each of the required and desired qualifications: Does Not Meet, Meets, or Exceeds. MCC reserves the right to conduct interviews with the most qualified Candidates and/or conduct a reference check on those individuals.

Candidates are strongly encouraged to ensure the work history portion thoroughly documents the duties, responsibilities and accomplishments that are directly related to this requirement in order to verify specialized experience. Errors or omissions may affect your evaluation.

The U.S. Government and MCC are not obligated to make any award or pay for any costs associated with the preparation and submission of a proposal in response to this announcement. Award of this contract is contingent on availability of funds. MCC reserves the right to not award any contract as a result of this announcement.

15. CONTRACT AWARD

This contract shall be awarded solely to an individual, not to a firm. The individual must have an active

DUNS # and an active record in the System for Award Management (SAM). The approval of your record in SAM may take a few weeks. Award will only be made once the SAM record is active. MCC reserves the right to award to the next-in-line Candidate if the successful Candidate is not active in SAM at the time of award.

See Addendum 4 for a Quick Guide on the SAM registration process.

16. CONTRACT AND PERIOD OF PERFORMANCE

The successful Candidate may be offered a full-time or intermittent personal services type contract for a one-year base period, plus four (4) 12-month option periods, to be exercised based upon performance, agency requirements and available funding.

The base period of performance shall be from date of award through 12 months. All option periods are exercised at the sole discretion of MCC. A full-time contract will have a maximum of 2,087 hours annually, and an intermittent contract will have a minimum of 1,040 hours and a maximum of 1,664 hours annually.

Overtime is not authorized on this contract.

17. PLACE OF PERFORMANCE

The Contractor’s primary duty station will be MCC headquarters in Washington, DC.

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 10 of 45

18. ADDENDA

Addendum 1: Additional Clauses

Addendum 2: Position Description Attorney-Advisor

Addendum 3: MCC Biodata Form

Addendum 4: SAM Quick Start Guide for Contract Registrations

(CONTINUED ON NEXT PAGE)

ADDENDUM 1: Additional Clauses

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 11 of 45

1. FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/?q=browsefar

The following provision(s) are incorporated by reference:

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

ITEMS

JAN 2017

52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL FEB 2007

REQUIREMENTS—COMMERCIAL ITEM

ACQUISITION

(End of Provision)

2. FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

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

The following clause(s) are incorporated by reference

FAR Clause Title Date

52.204‐9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.212-4/Alt I CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS / ALTERNATE I

OCT 2018 /

JAN 2017

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS

JUN 2013

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS

DEC 2013

SUBCONTRACTORS

52.237-1 SITE VISIT APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT,VEGETATION

APR 1984

52.245-1 GOVERNMENT PROPERTY JAN 2017

52.245-9 USE AND CHARGES APR 2012

(End of Clause)

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 12 of 45

3. FAR 52.204-1 – Approval of Contract (Dec 1989)

This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.

(End of Clause)

4. FAR 52.212-2 – Evaluation – Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

See Paragraph 6 – Qualifications Required on pages 4-5 above1.

(b) Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the

Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause

52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR

52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

5. FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items (Oct 2018)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

1 Per Paragraph 14 – Selection Process, preference will be given to Candidates proposing a full-time schedule.

https://www.sam.gov/

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 13 of 45

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

http://uscode.house.gov/

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 14 of 45

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency

Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

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

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

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern— http://uscode.house.gov/ http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(16)&num=0&edition=prelim

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 15 of 45

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

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

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at

FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.sam.gov/ https://acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 16 of 45

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the

WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:__________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business

Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part

126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each

95332419Q0048 OGC Attorney Advisor (Admin Law) PSC Page 17 of 45

HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246—

(1) Previous contracts and compliance. The offeror represents that—

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41

CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying

Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and

“United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part

25.

https://acquisition.gov/sites/default/files/current…