05 - C - 95332423Q0070 - Solicitation.pdf

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09/06/2023 @ 12:00 PM EST

95332423Q0070

TABLE OF CONTENTS:

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

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Counter-IED Program and Training 0 Contract Type:Time and Materials

Unit Price Other Direct Costs

Extended Price

Description:

Five (5) year BPA for Counter-IED Program and Training Expert/Expertise for Development and Sustainment.

Requests for service under this BPA shall be issued in the form of BPA Call Orders and shall be in accordance with the "Statement of Need" in "SECTION C" of this solicitation.

PERIOD OF PERFORMANCE:

PoP Start: TBD PoP End: TBD

Purchase Requisitions

IDC Type: Not Applicable NAICS Code: 541990 All Other Professional, Scientific, and Technical S...

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION B (Continued)

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

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

(End of Clause)

B.2. Extent of Obligation.

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

B.3. Funding Type.

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

B.4. Purchase Limitations.

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

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

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

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

(End of SECTION B)

Section C - Description/Specifications/Work Statement

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION C (Continued)

Statement of Need for

Counter-IED Program and Training Expert/Expertise for Development and Sustainment.

1. Introduction:

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

2. Intention:

The intention of this solicitation is to award a single Blanket Purchase Order (BPA) for the services identified in the following

"Statement of Need".

BPA Call Orders will be issued at time of need for the specific elements and within the specific countries and locations.

MCC requires support from a reputable contractor/vendor to provide all of the elements listed herein. MCC is not interested in companies only able to provide portions of the requirements listed herein. This is an all or none requirement.

3. Locations:

Locations required for service:

The following services may be required for worldwide MCC operations that could include, but not limited to, the following geographic areas, Europe, Asia, Africa, and South America.

For a list of countries where MCC operates, please refer to https://www.mcc.gov/where-we-work.

4. Reports:

Trends analysis of IED use worldwide:

1) Gathering Data: Collect data on the types of IEDs used, the materials used to construct them, the tactics employed in deploying them, and the targets selected by terrorists.

2) Identify Patterns: Analyze the data to identify patterns in the types of IEDs used, the locations where they are deployed, and the tactics employed in deploying them. This could include looking for trends in the size and composition of the explosives, the use of remote triggers, or the selection of specific targets.

3) Identify Changes: Monitor changes in the patterns over time. This could involve tracking changes in the materials used to construct IEDs, the tactics used to deploy them, or the targets selected by terrorists.

4) Analyze Causes: Look for the root causes of changes in the trends. This could involve examining political or social events that may be motivating the terrorists, changes in the availability of materials or technology used to construct IEDs, or changes in the tactics used by counter-terrorism forces.

5) Forecast Future Trends: Use the data and analysis to forecast future trends in the use of IEDs by terrorist organizations. This could include predicting the types of IEDs that may be deployed in the future, the locations where they may be used, or the tactics that may be employed to deploy them.

By conducting a trends analysis, you can gain valuable insights into the strategies and tactics employed by terrorists, which can help inform counter-terrorism efforts and improve security measures.

5. Overview of IED Tactics, Techniques and Procedures:

"Overview of improvised explosive device trends, techniques, and procedures" refers to the monitoring and analysis of the evolving tactics, technologies and methods used by individuals and groups to construct and deploy improvised explosive devices (IEDs). This includes collecting data on the types of explosives and other components used, as well as the methods and tactics employed in their deployment.

Monitoring IED trends, techniques, and procedures is important for several reasons.

First, it allows counterterrorism and security organizations to anticipate and prepare for potential attacks. By analyzing past attacks and monitoring changes in tactics and materials used, security officials can better understand the evolving threat landscape and adjust their counter-IED programs accordingly.

Second, monitoring IED trends can also help identify emerging threats and new technologies or materials being used by terrorist organizations. This information can then be used to develop more effective countermeasures to detect and prevent IED attacks.

Third, understanding IED trends, techniques, and procedures can also aid in identifying the individuals or groups responsible for attacks. By analyzing the types of materials used and methods employed, it is possible to identify patterns or connections between attacks that could lead to avoiding or surviving attacks.

In summary, monitoring IED trends, techniques and procedures is crucial for identifying emerging threats, developing effective countermeasures and identifying those responsible for attacks. It is an essential component of any comprehensive counter-

IED program.

6. Review and Assess MCC's Counter-IED Mitigation Measures:

It is important to continually review and assess the effectiveness of a counter-IED (improvised explosive device) program for several reasons:

1) Adapt to Emerging Threats: Terrorist organizations are constantly adapting their tactics and techniques in response to countermeasures. A counter-IED program that is effective today may not be effective tomorrow. Continual review and assessment allows for the identification of emerging threats and the development of new countermeasures to address them.

2) Improve Efficiency: A review of a counter-IED program can identify areas where resources are being misallocated or where procedures can be streamlined. This can improve the efficiency of the program and ensure that resources are being used effectively to address the most significant threats.

3) Identify Gaps: A review of a counter-IED program can identify gaps in knowledge, equipment, or training that may be hindering its effectiveness. By identifying these gaps, steps can be taken to address them and improve the program's overall effectiveness.

4) Ensure Compliance: A review of a counter-IED program can ensure that it is compliant with legal and ethical standards. This can help maintain the program's legitimacy and ensure that it is not unintentionally contributing to human rights abuses or other negative outcomes.

5) Increase Accountability: Review and assessment of a counter-IED program increases accountability and transparency. This can help build public trust and confidence in the program and ensure that it is operating in a responsible and effective manner.

Overall, continual review and assessment of a counter-IED program is essential to ensure that it remains effective, efficient and compliant with legal and ethical standards. By identifying emerging threats, improving efficiency, identifying gaps, ensuring compliance, and increasing accountability, the program can continue to adapt and improve over time.

7. Research and Analysis on Improvised Explosive Devices:

Research and analysis on improvised explosive devices (IEDs) involves the study and examination of the components, construction, deployment, and effects of these devices. This research and analysis is conducted by experts in fields such as explosive ordnance disposal (EOD).

The goal of research and analysis on IEDs is to develop a deeper understanding of these devices and the threats they pose, in order to inform counter-IED efforts. This may involve the study of past attacks to identify patterns and trends in IED use, as well as the examination of materials and components used in the construction of IEDs to identify their sources and origins.

Research and analysis on IEDs may also involve the development and testing of new countermeasures and technologies to detect, neutralize, or mitigate the effects of these devices.

Research and analysis on IEDs plays an important role in informing counter-IED efforts and improving the safety and security of communities and individuals at risk of IED attacks.

8. Consultation for MCC Security Programs:

Provide expert consultation and analysis, when requested, on existing or proposed MCC Security Programs with a primary focus on Counter-IED and Movement in Operational Theatres.

9. Development of Security Policies and Programs, Specifically Counter-IED and Convoy Operations:

Review, assess, audit, and make recommendations to improve, if necessary, MCC's Counter-IED and Convoy Operations programs and procedures.

10. For Training:

Training MCC and local staff on counter-IED programming:

Counter-IED (improvised explosive device) training refers to instruction and education provided to individuals and organizations in order to enhance their knowledge and skills in detecting, neutralizing and mitigating the effects of IEDs.

Counter-IED training may cover a range of topics, including:

1) IED Awareness: This includes information on the various types of IEDs, their components, and the tactics and techniques used by terrorist organizations to construct and deploy them.

2) Detection: This training covers methods for detecting IEDs, including the use of detection equipment and visual cues.

3) Protection and Prevention: This includes instruction on personal protective equipment (PPE), security protocols, and preventative measures that can be taken to reduce the risk of IED attacks.

4) Post-Incident Actions: This training covers responses in the immediate aftermath of an IED attack.

Counter-IED training may be conducted in a classroom setting or through practical exercises and simulations. It may also be tailored to the specific needs and objectives of the organization receiving the training.

Overall, counter-IED training plays a critical role in enhancing the safety and security of communities and individuals at risk of IED attacks. By providing individuals and organizations with the knowledge and skills needed to detect, neutralize, and mitigate the effects of IEDs, this training helps to save lives and prevent the devastating impact of IED attacks.

11. Threat Environment Monitoring:

Threat environment monitoring training involves instruction and education on monitoring and assessing potential safety and security threats to an organization (MCC).

Threat environment monitoring training covers a range of topics, including:

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

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

Communication and Reporting: Effective communication and reporting are critical components of threat environment monitoring. This training covers the importance of clear and concise communication, as well as the proper channels for reporting potential threats.

Technology and Tools: Threat environment monitoring may involve the use of various tools and technologies. This training covers the effective use of these technologies to monitor and mitigate potential threats.

Response Planning: In the event of a threat, effective response planning is critical. This training covers the development of emergency response plans and procedures, as well as the importance of regular drills and training exercises to ensure readiness.

Overall, threat environment monitoring training plays a critical role in enhancing the safety and security of organizations and individuals. By providing personnel with the knowledge and skills needed to identify and respond to potential threats, this training helps to prevent and mitigate the impact of security incidents.

12. Deliverables:

Any and all deliverables, in the form of reports and briefings, will be identified in each BPA Call Order as required.

(End of SECTION C)

Section D - Packaging and Marking

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION D (Continued)

D.1. Disclaimer for Deliverables The Contractor shall ensure that each report prepared by the Contractor and delivered under this Contract contains the following statement on the first or cover page of such report:

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

(End of SECTION D)

(Continued on Next Page)

Section E - Inspection and Acceptance Terms

Supplies/Services will be inspected/accepted at:

Line Number Inspect At Inspect By Accept At 0001 Destination Government Destination

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION E (Continued)

E.1. FAR 52.246-6 Inspection Time-and-Material and Labor-Hour (MAY 2001)

(a) Definitions. As used in this clause-

Contractor's managerial personnel means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of-

(1) All or substantially all of the Contractor's business;

(2) All or substantially all of the Contractor's operation at any one plant or separate location where the contract is being performed; or

(3) A separate and complete major industrial operation connected with the performance of this contract.

Materials includes data when the contract does not include the Warranty of Data clause.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the material, fabricating methods, work, and services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. T he government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) Unless otherwise specified in the contract, the Government shall accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they shall be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(f) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (h) of this clause, the cost of replacement or correction shall be determined under the Payments Under Time-and-Materials and Labor-Hour Contracts clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.

(g)

(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(i) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(ii) Terminate this contract for default.

(2) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute.

(h) Notwithstanding paragraphs (f) and (g) of this clause, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(1) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(2) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(i) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(j) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(k) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(End of Clause)

(End of SECTION E)

Section F - Delivery or Performance

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

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

WASHINGTON DC

US 20005

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION F (Continued)

F.1. Period of Performance

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

F.2. Place of Performance

The contractor shall perform the services out of their company office and/or in the worldwide MCC areas of operations that could include, but not limited to, the following geographic areas, Europe, Asia, Africa, and South America.

For a list of countries where MCC operates, please refer to:

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

F.3. Key Deliverables

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

F.4. Document Ownership and Information Management Requirements

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

F.5. Technical Direction

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

(End of SECTION F)

Section G - Contract Administration Data

Requesting Office Address

MCC-HQ

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

Contact Details:

Property Administration Office Address

MCC-HQ

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

Contact Details:

COR Office Address

MCC-HQ

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

Contact Details:

Issuing Office Address

MCC-HQ

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

Contact Details:

Staniewski, Raymond J staniewskirj@mcc.gov

Payment Office Address

IBC-FIN

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

Contact Details:

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION G (Continnued)

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

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

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

(End of Clause)

G.2. MCC 52.204-71 -- Notice of MCC Electronic Mail Filters (JUNE 2019)

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

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

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

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

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

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

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

.vbs (Microsoft visual basic scripting)

.vbe (VBScript Encoded Script File)

.scr (script)

.reg (registration file)

.jar (java file extension)

.exe (executable)

.docm (word with macros)

.xlsm (excel with macros)

.pptm (powerpoint with macros)

.app (executable)

.ani (animation files)

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

(image file format)

.js (java script)

.zip (compression file)

(End of Clause)

G.3. MCC 52.209-70 -- Organizational Conflicts of Interest: Preclusion from Implementation of Contract (JULY 2012)

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

(End of Clause)

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

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

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

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

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

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

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

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

(End of Clause)

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

The Millennium Challenge Corporation (MCC) utilizes the Contractor Performance Assessment Rating System (CPARS) to evaluate contractor performance (see FAR, Subparts 42.1502 and 42.1503). Contractors doing business with MCC are required to register in CPARS accessible via the Internet at: http://www.cpars.csd.disa.mil/cparsmain.htm. An evaluation of contractor performance using the CPARS is mandatory for all contract actions exceeding $150,000 but may be conducted for contract actions lower than that amount should significant events occur such as a contract termination or extraordinary contract performance by the contractor. Inquiries regarding the registration process should be addressed to the CPARS help desk. The email address is WEBPTSMH@NAVY.MIL and the telephone number is (207) 438-1690.

(End of Clause)

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

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

(End of Clause)

(End of SECTION G)

Section H - Special Contract Requirements

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION H (Continued)

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

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

H.2. MCC 52.203-70 -- Contractor Non-Disclosure Agreement (May 2017)

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

NON-DISCLOSURE AGREEMENT

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

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

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

Company or Subcontractor

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

[signatory]

Contract Administrator Date

(End of Clause)

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

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

Fax: 303.969.5151/7281 ATTN: MCC Payments, or

Email: mcc_accounting_ibcdenver@ibc.doi.gov or

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

Interior Business Center

M/S D-2773

7301 West Mansfield Avenue

Lakewood, CO 80235-2230

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

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

(1) Name, address and telephone of the Contractor

(2) Date of invoice and invoice number

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

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

(5) A schedule depicting the following information:

Amount Invoiced

This Period

Cumulative Amount Invoiced

Authorized Value of Contract

Balance Remaining on Contract

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

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

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

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

BY:______________________________________

TITLE:___________________________________

DATE: ___________________________________

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

mcc_accounting_ibcdenver@ibc.doi.gov.

(End of Clause)

(End of SECTION H)

Section I - Contract Clauses

Clauses incorporated by reference

None

Clauses incorporated by full text

SECTION I (Continued)

FAR Number Reference Text

52.204-13 System for Award Management Maintenance (OCT 2018)

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

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

52.212-4 Contract Terms & Conditions -- Commercial Products & Commercial Services (Nov 2021)

52.212-4 Alt I Contract Terms & Conditions -- Commercial Products & Commercial Services (Nov 2021) Alt I (Nov 2021)

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

52.232-9 Limitation on Withholding of Payments (APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

52.243-3 Changes-Time-and-Materials or Labor-Hours (SEPT 2000)

52.245-1 Government Property (SEP 2021)

52.245-9 Use and Charges (APR 2012)

I.1. 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/these address(es):

https://www.acquisition.gov/far/part-52

(End of Clause)

I.2. FAR 52.204-21 -- Basic Safeguarding of Covered Contractor Information Systems (Nov 2021)

(a) Definitions. As used in this clause--

"Covered contractor information system" means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

"Federal contract information" means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

"Information" means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

"Safeguarding" means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

I.3. FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Products and Commercial Services (May 2022)

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

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

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

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

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

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

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

__X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

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

______ (5) [Reserved].

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

______ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-

117, section 743 of Div. C).

__X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

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

_____ (10) [Reserved].

______ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).

______ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

______ (13) [Reserved]

______ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

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

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

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

__X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__X__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

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

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

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

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

__X__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020)(15 U.S.C. 644(r)).

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

__X__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s)

__X__ (20) 52.219-16, Liquidated Damages - Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

______ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

__X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

______ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

______ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

______ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

______ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

__X__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

__X__ (28) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Jan 2022) (E.O. 13126).

__X__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

__X__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

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

__X__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

__X__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__X__ 34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X__ (35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

__X__ (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).