06 95332421Q0060 Amendment 2.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8 (A)

NAICS:

SIZE STANDARD:

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

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

Clauses incorporated by reference

None

Clauses incorporated by full text

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

B.1 SERVICES TO BE PROVDED

MCC is looking for an Agriculture Policy, Regulatory and Institutional Reform Advisor to support all phases of the reform activity related to the agriculture sector in Malawi, Lesotho, Mozambique and any other MCC eligible country . The overall objective of this contract is to support the MCC Land and Agricultural Economy Practice Group and members of relevant MCC country teams and implementation support teams in their efforts to (i) assess proposed policy, regulatory and institutional reforms in the agriculture and related sectors (such as Environmental Policy, National Climate Change Policy in relation to impact in agriculture) to ensure a more and commercially viable, socially inclusive, and environmentally sustainable agriculture sector and (ii) provide support in the implementation oversight of reforms.

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

B.2 CONTRACT TYPE

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

B.3 LABOR RATES

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

Labor Category Billing Hourly Rate

(Base)

Billing Hourly Rate (Option

1)

Billing Hourly Rate

(Option 2)

Billing Hourly Rate (Option

3)

Billing Hourly Rate (Option

4)

Agriculture Policy, Regulatory and Institutional

Reform Advisor

B.4 Other Direct Costs (Estimated)

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

Total Other Direct Costs

Base Period $23,145

Option Period One $27,909

Option Period Two $27,965

Option Period Three $28,532

Option Period Four $28.831

Other Direct Costs Grand Total $136,382

Section C - Description/Specifications/Work Statement

Description/Specifications/Work Statement

STATEMENT OF WORK

Agriculture Policy, Regulatory and Institutional Reform Advisor

A. INTRODUCTION

The Millennium Challenge Corporation (MCC) has a requirement for technical and project management support for agriculture projects in MCC affiliated countries. The MCC will obtain the required services through a competitive procurement to provide professional expertise.

On January 23, 2003, the United States established the Millennium Challenge Corporation (MCC), an innovative foreign assistance program designed to reduce poverty by promoting sustainable economic growth. MCC, a U.S. government corporation, is based on the principle that aid is most effective in countries that promote good governance, economic freedom, and investments in people. For more information on the MCC, please visit www.mcc.gov.

MCC's overriding objectives are to promote economic growth and a significant reduction in poverty in our partner countries.

MCC does not take it for granted that programs that stimulate growth will invariably reduce poverty. MCC looks at the likely distributive effects of projects and, to the extent that data are available to perform such an analysis, identifies the beneficiaries and estimates the impact on poverty reduction. Ultimately, MCC seeks significant and measurable increases in incomes of large numbers of poor people and significant reductions in poverty.

MCC analyzes the likely impact on economic growth of its programs by analyzing whether they are consistent with international and country evidence on drivers of economic growth and by use of economic rate of return (ERR) analysis. The essence of such an analysis is a straightforward comparison of costs and benefits, where the costs are the MCA grants, other front-end project development costs, and associated project life cycle operating and maintenance costs, and the benefits are increases in incomes in recipient countries.

B. SCOPE

MCC is looking for an Agriculture Policy, Regulatory and Institutional Reform Advisor to support all phases of the reform activity related to the agriculture sector in Malawi, Lesotho, Mozambique and any other MCC eligible country . The overall objective of this contract is to support the MCC Land and Agricultural Economy Practice Group and members of relevant MCC country teams and implementation support teams in their efforts to (i) assess proposed policy, regulatory and institutional reforms in the agriculture and related sectors (such as Environmental Policy, National Climate Change Policy in relation to impact in agriculture) to ensure a more and commercially viable, socially inclusive, and environmentally sustainable agriculture sector and (ii) provide support in the implementation oversight of reforms.

C. COUNTRY

Malawi and any other MCC eligible country and/or country with on-going or recently completed MCC compact or threshold program.

D. TASKS AND DELIVERABLES

Tasks:

• Work closely and proactively with MCC Technical Leads, other MCC sectoral experts and third parties (MCA counterparts, government representatives and/or other Experts or implementers) as requested by MCC to ensure strong coordination in the development or implementation of Agriculture Reform Activities.

• Become intimately familiar with the Project, Activities, and Sub-Activities in order to provide technical advice/support in the reform efforts as needed throughout implementation.

• Review of and advise on key legal and regulatory documents, proposals, strategies, deliverables requiring MCC's clearance or non-objection.

• Travel to country to support work with counterparts at the MCA level, oversight missions for work being implemented by experts and/or missions in support of evaluation audits and follow-up.

• Review and assess the policy and regulatory work being done by other donors and the Government of Malawi paying particular attention to how it promotes and sustains private sector investment, social and gender inclusion and sustainability of natural resources. In addition to work in agriculture policy, the Expert may be requested to provide policy advice related to strategies and programs to support, promote or incentivize conservation agriculture to address land degradation, soil erosion and climate resiliency.

• Assist in the definition of project scope and objectives, milestones, involving all relevant stakeholders and ensuring technical feasibility of reform work.

• Provide input in the identification of Policy and Institutional Reform (PIR) related indicators, theory of change or program logics.

• Support the development, updating and tracking of detailed reform plans to monitor and track progress.

• Support work related to estimation of costs for implementation of PIR programs including any capacity strengthening.

• Measure project performance using appropriate tools and techniques.

• Report and escalate issues or problems to MCC Technical Leads proactively.

• Provide advice and expertise for effective and successful public-private dialogue around reforms.

• Support in the identification, prevention, and management of risks in the reform activities throughout their lifecycles.

• Support in creating and maintaining comprehensive project documentation.

• Develop spreadsheets, power point presentations, summary reports, and other information for internal or external audiences,

• Perform other related duties as assigned.

The designated Expert shall be expected to coordinate with national or local authorities and MCA (Accountable Entity) responsible for MCC Compact implementation as well as other donors, where relevant. However, the designated Expert shall report directly to the designated Contracting Officer's Representative/Project Monitor (COR/PM).

Deliverables:

• COR/PM will provide technical directives for the Expert outlining specific tasks. In response to technical directives, the Expert shall provide trip reports, written technical assessments, and implementer performance assessments, reviews of other contractors or institutions' deliverables, project audits, among others.

• Trip reports to the MCC COR/PM, shall include at a minimum the summary of any consultations and meetings held, and key findings and recommendations and any next steps, as appropriate.

• Other ad hoc reports and inputs and presentations as requested by MCC COR/PM.

E. TECHNICAL DIRECTIVE

The Expert shall provide services to MCC on an as needed basis, as required. To support MCC in the flexible and timely manner needed to meet the evolving needs of Compact development, negotiation, implementation and evaluation, technical directives under this statement of work shall be issued by the COR/PM and the Expert deployed each time the Expert's services are needed over the course of this contract. No additional directive shall imply any additional costs to the United States Government (USG) beyond the amount allowed for in the initial statement of work; however, this this statement of work may be amended to reflect additional costs associated with implementation planning and oversight requirements.

In each technical directive, the COR/PM will define the specific tasks, dates and location of services, and assignment deliverable(s) at least one week prior to date of expert deployment. The technical directive will, in one paragraph to two pages, provide clear and concise instructions on tasks and deliverables requested of the expert. Upon acknowledging acceptance of the technical directive by the expert to MCC in writing (email or fax to the COR/PM is acceptable), the expert will be deployed by MCC to conduct the specific tasks described therein. The expert shall not conduct any specific work under this contract unless such a technical directive is issued and acknowledged in writing. The expert will notify the contract officer if the tasks appear to fall outside the scope given herein. The expert is expected to submit electronic copies of all written deliverables in English and to brief MCC staff verbally upon request.

Acceptance Criteria

The deliverables will be evaluated according to the following criteria:

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

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

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

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

F. PERIOD AND PLACE OF PERFORMANCE

All work will be completed between the dates of the award through a base year and 4 one-year options for a total of five-year period of performance.

The estimated level of effort is estimated at up to 960 hours per year with an estimated 3 trips per year to each country. MCC anticipates this level of effort but does not guarantee this level of effort as it may increase or decrease.

The expert shall perform the services and tasks generally identified above at the expert's home facilities, periodically in MCC's DC offices, and in any MCC-eligible countries.

G. CONFLICT OF INTEREST

The expert would be precluded from bidding on work and services (design, assessment, construction and supervision) to be procured by the local MCA accountable entity or using funds advanced under a Compact in the relevant country, unless the expert submits a mitigation plan sufficient to ameliorate any conflict of interest pursuant to the rules applicable to the procurement process.

H. SUBCONTRACTING

The expert is authorized to subcontract data collection, data preparation, social and gender analysis, and related services as needed. The overall costs for subcontracting shall not exceed 25% of the expert's total negotiated unloaded direct labor cost.

I. EVALUATION CRITERIA

Mandatory:

• Master's degree in either Public Policy, International Development, Environmental Policy, Law, Economics, or related field.

• Minimum 8 years proven experience working in policy, regulatory and institutional development of the agriculture sector in Sub Saharan Africa.

• Track record and demonstrated capacity to build relationships and consensus across state- and national-level stakeholders to institute policy reforms.

• Experience and knowledge of organizational reviews, effective governance frameworks for public agencies, policy formulation and advocacy as well as regulatory design.

• Excellent leadership and advocacy skills, excellent writing ability and strong cross-cultural interpersonal skills.

• Experience working with major donors (MCC, World Bank, EU, UK AID, DFID, etc.)

Soft Skills:

• Proactive personality and self-motivated.

• Critical thinking and strong analytical skills.

• Ability to research, understand, and apply the concepts and international good practices in policy, regulatory and institutional reform.

Preferred:

• Knowledge and experiences applying political economy analysis to reforms highly desirable.

• Experience working in the Southern/Eastern Africa highly desirable.

• Knowledge of or experience working in Malawi's agriculture sector

J. TIMING AND REPORTING

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

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

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

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

K. OTHER REQUIREMENTS

International travel may be required. The Expert may be requested to mobilize on a short notice and will be expected to deliver high quality finished products in a timely manner based on the instructions of the COR/PM.

Section D - Packaging and Marking

Section E - Inspection and Acceptance Terms

Section F - Delivery or Performance

Delivery or Performance

F.1 PLACE OF PERFORMANCE

The Consultant shall perform the services and tasks generally identified above at the expert's home facilities, periodically in MCC's DC offices, and in any MCC-eligible countries.

F.2 DELIVERABLES

• COR/PM will provide technical directives for the Expert outlining specific tasks. In response to technical directives, the Expert shall provide trip reports, written technical assessments, and implementer performance assessments, reviews of other contractors or institutions' deliverables, project audits, among others.

• Trip reports to the MCC COR/PM, shall include at a minimum the summary of any consultations and meetings held, and key findings and recommendations and any next steps, as appropriate.

• Other ad hoc reports and inputs and presentations as requested by MCC COR/PM.

F.3 DOCUMENT OWNERSHIP AND INFORMATION MANAGEMENT SYSTEM REQUIREMENTS

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

F.4 ACCEPTANCE CRITERIA

The deliverables will be evaluated according to the following criteria:

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

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

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

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

F.6 ESTIMATED LEVEL OF EFFORT AND TRAVEL

Base Period and Option Periods

Below is the estimated level of effort by labor category.

Estimated Level of Effort

Labor Category Hours (Base) Hours (Option 1)

Hours (Option 2)

Hours (Option 3)

Hours (Option 4)

Agriculture Policy, Regulatory and Institutional Reform Advisor

960 960 960 960 960

Estimated hours shall not exceed the total of 960 hours per year.

Other Direct Costs

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

F.7 TECHNICAL DIRECTION

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

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

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

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

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

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

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

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

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

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

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

Section G - Contract Administration Data

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

(PM) (JULY 2012)

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

(b) Modifications to this contract are effective only if reduced to writing and executed by the Contracting Officer. The Contractor is specifically prohibited from performing any work that is outside the scope of this contract without the approval of the Contracting Officer. The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

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

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

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

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

(End of Clause)

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

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

NON-DISCLOSURE AGREEMENT

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

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

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

Company or Subcontractor

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

[signatory]

Contract Administrator Date

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

(NOV 2019)

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

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

(End of Clause)

MCC 52.243-70 INCREASE IN SERVICES (OCT 2006)

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

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

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

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

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

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

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

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

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

.vbs (Microsoft visual basic scripting)

.vbe (VBScript Encoded Script File)

.scr (script)

.reg (registration file)

.jar (java file extension)

.exe (executable)

.docm (word with macros)

.xlsm (excel with macros)

.pptm (powerpoint with macros)

.app (executable)

.ani (animation files)

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

.ico (image file format)

.js (java script)

.zip (compression file)

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

(CPARS) REGISTRATION (NOV 2019)

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

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

1. Name and email address of previous CPARS Contractor Representative

2. Name and email address of new CPARS Contractor Representative

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

MCC 52.232-74 ODC REIMBURSEMENT (JAN 2007)

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

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

CONTRACT (JULY 2012)

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

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

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

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

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

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

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

a. Such an individual must be:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. Personnel Security Requirements for PSCs Paid Directly by MCC

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

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

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

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

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

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

6. Whenever a personnel security investigation or reinvestigation is required, PSCs and PSC candidates will submit to MCC DIS, personnel security background investigation forms, including a PIRF, OF 306, a copy of their resume, a Questionnaire for National Security Positions (SF 86), signature releases and supplemental forms, and submit to fingerprint imaging used to access reports from the Federal Bureau of Investigation (FBI) and other national databases.

7. In exceptional circumstances MCC may grant interim national security eligibility with access to classified information at the Secret level to a PSC directly paid by MCC while a personnel security background investigation is in progress based on favorable adjudication of previously-completed personnel security investigations or reinvestigations, the PSC's OF 306, resume, SF 86 submission, and any other relevant information.

8. MCC will not grant national security eligibility to any individual determined ineligible to be issued a MCC Photo ID Badge or unfit.

9. PSCs to whom MCC grants national security eligibility will not be issued a security clearance and, consequently, will not be permitted access to classified information, until the individual attends an MCC Security Clearance Briefing and signs a Classified Information Nondisclosure Agreement (SF 312).

10. Whenever MCC determines an individual not eligible for national security eligibility, the Contracting Officer (CO) or CO's Representative (COR) will notify the contractor's contractual point of contact (POC) in writing of the MCC determination(s) and, whenever applicable, that accesses to MCC facilities and information systems have been terminated. MCC will process such individuals in accordance with §5.2 of Executive Order 12968, "Review Proceedings for Denials or Revocations of Eligibility for Access". Subsequent to issuance of these notifications, contractors are required to provide MCC a suitable replacement; and PSCs and contractors are responsible, whenever applicable, for the return of the subject's MCC Photo ID Badge and any MCC equipment that was issued to the individual.

D. Personnel Security Requirements for Contractor employees and Other PSCs

1. Contractor employees and PSCs not directly compensated by MCC without a national security eligibility or interim eligibility at least at the level required for the position, duties, or work activities specified as requiring such eligibility, including that for access to classified national security information and occupy a sensitive position (as defined in 5 CFR 732), by this contract are prohibited from rendering services under this contract.

2. Contractor employees and PSCs not directly compensated by MCC requiring national security eligibility to perform work for MCC must hold one at the appropriate level in accordance with the policy and procedures of the National Industrial Security Program (NISP, Executive Oder 12829, as amended) and the NISP policy and procedures of the Department of Defense.

Such individuals granted national security eligibility who are assigned to or visit MCC headquarters or overseas MCC/Resident Country Director offices (i.e., where access to classified national security information is required), must have their eligibility/security clearances or interim security clearances certified using a visit authorization request. The contractor shall submit all employee visit authorization requests to DIS via fax to 202-521-3590, along with a PIRF and form OF 306 completed and signed by each contractor employee or PSC.

3. Contractors and subcontractors shall notify the CO and COR of all terminations of their employees (with respect to their MCC service) who possess MCC Photo ID Badges, have access to MCC information systems, or any MCC IT equipment; and in addition, contractors and subcontractors shall notify the CO and COR of all contractor employees proposed to replace those terminated employees terminated by providing the information for employees required in section G. of this clause.

E. Work Performance

The contractor shall prescreen all their employee candidates for MCC service covered under this clause to ensure they initially possess the necessary investigation and clearance requirements.