06 - 95332422Q00400001 Signed.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE

DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

Regina E. Maxwell Contracting Officer

05/25/2022

95332422Q00400001

Summary of Changes

The purpose of this amendment is to delete the highlighted references below noted in Sections C.2.1 (Scope) and C.3.2 (Tasks) as shown below. All other terms and conditions in the Statement of Work (SOW) remain unchanged. Also below are the submitted questions with answers provided.

Section C - Description/Specifications/Work Statement

C.1 INTRODUCTION

C.1.1 The Millennium Challenge Corporation (MCC) is a United States Government (USG) Corporation created under the Millennium Challenge Act of 2003. MCC’s mission is to reduce poverty through sustainable economic growth in carefully and competitively selected developing countries that demonstrate a commitment to good governance, economic freedom, and investments in their people.

MCC provides grants to foreign governments through “Compact Agreements” or “Threshold Agreements” that describe the program that is to be funded. The foreign governments normally then establish an “Accountable Entity” that is designated to exercise and perform the foreign government’s right and obligations to oversee, manage, and implement the program, including without limitation, managing the implementation of the program activities, allocating resources, managing procurements, and binding the foreign government with regard to all program activities. These entities are typically referred to as an Millennium Challenge Account (MCA) and are typically named MCA-Mongolia, MCA-Nepal, etc.

C. 1.2 MCC uses primarily acquisition (contracts) or assistance (compact or threshold program agreement) instruments to establish a funding relationship with a contractor or funding recipient. MCC conducts acquisitions under the Federal Acquisition Regulation (FAR). Assistance operates under the compact and threshold program agreements. Procurements conducted by MCAs are governed by MCC’s Program Procurement Guidelines (PPGs), which are available on MCC’s website. Grants awarded by MCAs are governed by MCC’s Program Grant Guidelines (PGG), also available on MCC’s website, or manuals, policies, and procedures specific to the grant program in question where the grant program was launched prior to the release of the PGG. Use of MCC funding under MCC’s compact and threshold programs, including all contracts and grants issued by MCAs, must be in compliance with MCC’s Cost Principles for Government Affiliates.

C.1.3 MCC has a fiduciary interest in ensuring that granted funds and funds that it uses itself are not tainted by fraud, waste, or abuse, and that contract and grant awards by both MCC and the MCAs are made to entities and individuals that are presently responsible - that is, whether they have the capability, integrity, and management to properly manage federal funds. MCC has a Policy on Detecting, Preventing, and Remediating Fraud and Corruption in MCC Operations (the AFC Policy, found at https://www.mcc.gov/resources/doc/policy-fraud-and-corruption), which states in 6(b)2(b):

“Sanctions, in the event that fraudulent or corrupt practices are detected, may include: …

(ii) Administrative measures such as temporary or permanent ineligibility, removal from competition https://www.mcc.gov/resources/doc/policy-fraud-and-corruption in a procurement activity, assignment of an adverse performance rating, withholding of MCC disbursements for payments on affected contracts, and other similar actions….”

C.1.4 MCC intends to establish and implement a process, in accordance with the United States

Government’s (USG) processes for suspension/debarment actions, that will provide deliberative and fair adjudication. Further, emphasizing due process and alternative dispute resolution tools, in cases where entities or individuals receiving MCC funding through contracts or grants from MCC or from MCAs appear to lack present responsibility to be recipients of United States government funding.

The process will include the potential for suspension and debarment – administrative remedies that exclude entities and individuals from being eligible for all USG funded procurements– of entities and individuals that are determined to be not presently responsible based on their actions. MCC expects that most cases being considered for suspension and debarment would come from referrals for present responsibility determinations or other referrals provided by the U.S. Agency for International Development Office of Inspector General (OIG), which, by statute, is responsible for providing independent oversight over MCC programming and operations. However, MCC may also initiate its own cases for referral into the suspension and debarment process.

C.2 SCOPE

C.2. 1 The contractor, which can be either an independent consultant (i.e. sole proprietor) or a consulting firm. The contractor will be expected to review and advise on MCC’s efforts to establish a suspension and debarment process. In conducting this analysis, the contractor will rely on their knowledge of the FAR, of the non-procurement rule (2 CFR 180), and of MCC’s Program Grant Guidelines, in addition to consulting other relevant resources and offices internally at MCC and at other U.S. Government agencies., including through the Interagency Suspension and Debarment Committee (ISDC). The contractor will also research and gather all relevant and pertinent information to support the analysis, findings, and recommendations. In addition, the contractor will support MCC’s suspension and debarment process once it is established, reviewing information and providing advice related to the determination of present responsibility of entities and individuals, as MCC’s Office of General Counsel (OGC) recommends appropriate administrative remedies to MCC’s Suspension and Debarment Official

(SDO).

C.3 TASKS

C.3.1 The contractor will provide comments on MCC’s draft suspension and debarment policies and procedures.

C.3.2 Support Services: The Contractor will provide the following services:

• Provide MCC with a general estimate of the likely time required to review referral documentation, to allow MCC to decide on appropriate administration action in response to the referral, to include suspension/debarment actions or administrative agreements.

• Conduct an initial review of the referral documentation and inform MCC whether additional information or documentation would be required to complete the review.

• Provide a draft of initial consideration document to the relevant MCC staff.

• Assist in consulting with MCC and MCA staff and other entities or individuals as required to prepare, with relevant MCC staff, a recommendation for the SDO, considering all appropriate mitigating facts and factors.

• Advise MCC when no action is recommended on a referral, for instance when there is insufficient evidence, the information is stale, or the use of suspension or debarment is not the appropriate administrative remedy.

• Draft an action memorandum summarizing the review and providing the basis for a recommendation for the actions that MCC should take in reference to each referral for which an action is recommended, as well as all relevant documentation that MCC would require for its administrative record (the documents that form the basis for the SDO’s decision and includes any information, reports, documents, or other evidence identified and relied upon for the decision) that has not already been provided.

• Ensure the completeness of files and documentation associated with suspension and debarment considerations.

• Request additional documents and research applicable regulations, policy, and case law, as needed.

• Provide MCC with advice on correspondence and preparations for meetings with respondents (entities and individuals against whom a suspension or debarment related action has been initiated), including without limitation requests for information, show cause letters, and respondents’ responses to exclusionary action.

• Assist staff in MCC’s OGC in reviewing and clearing for legal sufficiency on all suspensions, proposed debarments, other final actions, show cause and request for information notices, and administrative and voluntary exclusion agreements.

• Assist in coordinating suspension or debarment related actions with the ISDC and the OIG (particularly in order to deconflict such action with ongoing parallel proceedings).

• Assist in entering exclusion information into the USG’s System for Award Management at www.sam.gov.

• Assist in entering administrative and voluntary exclusion agreements into MCC’s Contractor Past Performance Reporting System and, as appropriate, the Federal Awardee Performance and Integrity Information System.

• Provide support in the event of litigation.

C.4 MINIMUM QUALIFICATIONS

The successful completion of the duties and responsibilities of this position is heavily dependent on the individual(s) assigned to the task. As such, the Suspension and Debarment Contractor must meet the following qualifications:

C.4.1 – Education

Mandatory Qualifications:

• A 4-year course of study leading to a bachelor's degree, that included or was supplemented by at least 24 semester hours in any combination of the following fields:

o Accounting;

o Business;

o Finance;

o Law;

http://www.sam.gov/ o Contracts;

o Purchasing;

o Economics;

o Industrial management;

o Marketing;

o Quantitative methods; or o Organization and management.

C.4.2 – EXPERIENCE

Mandatory Experience

• A minimum of five years of experience working in one of the following fields:

o Legal;

o Contracting;

o Grants;

o Compliance; or o Auditing.

• At least five years of experience dealing with suspension and debarment policies and procedures in U. S. Government agencies required.

Preferred Qualifications:

• At least ten years of experience, working in one of the following fields:

o Legal;

o Contracting;

o Grants;

o Compliance; or o Auditing.

• Experience with suspension and debarment policies of international financial institutions or other donor agencies highly preferred.

C.4.3 - Skills & Abilities:

• Ability to provide clear and cogent expert analysis on compliance issues.

• Ability to make exceptional recommendations on courses of action on assistance appeals to MCC.

• Willingness and capability to provide advisory services to promote the mission.

C.4.4 – Clearance

• Must be eligible for a public trust clearance

C.5 RELATIONSHIPS AND RESPONSIBILITIES

The Contractor will report and submit all deliverables to the Suspension and Debarment Official. The Contractor is providing support services to MCC and is not an employee of MCC or the United States Government. As such, the Contractor will not speak on behalf of the USG or formally represent MCC and will not direct other contractors.

QUESTIONS AND ANSWERS

95332422Q0040

SUSPENSION AND DEBARMENT CONSULTANT

QUESTIONS AND ANSWERS

Number Question Answer

Is this a brand new contract OR if there is (was) an incumbent performing these services?

There is no incumbent since this is a new requirement.

How many referrals were made to the MCC SDO for each of the past 3 years by:

a. USAID OIG

b. Others

There have been no referrals to the SDO to date.

What estimate has been provided to MCC by USAID

OIG and/or others as to the number of referrals that may be made to the MCC SDO for the remainder of

2022, and for each subsequent year?

MCC anticipates approximately one (1) referral during the base period; and anticipates up to five (5) referrals for each option period.

Could you please clarify the extent to which travel to the MCC's HQ may be necessary on a weekly or monthly basis?

At this time MCC does not anticipate travel to

MCC Headquarters, however, it is anticipated that travel may be expected over the life of the contract. Please see Section F.4 – Place of

Performance for additional information.

Could you identify additional sites or locations to which travel may be expected or be necessary?

See Question 4 above. Additionally, at this time MCC does not anticipate travel overseas.

For additional information regarding “Where

We Work” , please see https://www.mcc.gov/where-we-work , specifically, countries that are currently in implementation..

ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

https://www.mcc.gov/where-we-work

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